Ensure Valid Waivers of the Right to Counsel
Every individual accused of a criminal offense has a right to waive counsel and represent him or herself. However, that right can only be asserted freely if the defendant has a full understanding of the right to counsel, which must be waived prior to self-representation. At local, county, and state levels, defendants often make uninformed decisions because they are confused about the court process. Defendants often do not realize that if they cannot afford to hire a lawyer, they are entitled to a court-appointed lawyer for any offense punishable by confinement in jail or prison –- even if the charge is a misdemeanor. Defendants also make uninformed decisions because, in some counties, court officials pressure defendants to waive their right to counsel and speak directly to prosecutors. Finally, some court officials penalize poor defendants who request court-appointed lawyers by setting high bond rates.
Defendants who waive their right to a lawyer as a result of being subjected to pressure from court officials are exposed to a greater risk of unjust convictions and sentences. Unrepresented defendants often do not understand the charges against them, the possible defenses, and the best way to advocate for a fair and appropriate sentence. Furthermore, unlawful practices that encourage defendants to waive the right to counsel harm families, undermine public confidence in the criminal justice system, and cost taxpayers money when the state incarcerates innocent low-risk offenders or people who would have received a more appropriate sentence had they been represented by counsel.