This law outlines the procedures for appointing legal counsel or accepting a waiver of the right to counsel in Virginia criminal cases where incarceration is possible. It requires courts to ensure that defendants voluntarily and intelligently waive their right to counsel, document such waivers, and handle indigent defendants appropriately. If a defendant refuses to sign waiver statements, the court records the refusal and proceeds with the case, potentially without appointing counsel if incarceration is not a threat.
The court will conduct an oral examination to ensure the waiver is voluntary and informed. If confirmed, the defendant will sign a statement documenting the waiver, which becomes part of the case record.
Yes, if the defendant refuses or fails to sign, the court records the refusal, which is deemed a waiver of the right to counsel, and proceeds with the case accordingly.
The court will determine indigency and proceed as outlined in Virginia Code § 19.2-159, which includes appointing counsel if necessary.
Yes, if the court states in writing that no incarceration will be imposed if convicted, the case may proceed without appointing counsel, even if the defendant refuses to waive their right.