Legal Definitions - waiver of counsel

A waiver of counsel is when a person who is accused of a crime decides not to have a lawyer represent them in court. This decision must be made voluntarily, knowingly, and intelligently.

John is accused of stealing a car. When he goes to court, the judge asks him if he wants a lawyer. John says no, he wants to represent himself. The judge explains to John that he has the right to a lawyer and that representing himself could be difficult. John says he understands and still wants to represent himself. This is an example of a waiver of counsel.

Another example could be if someone is offered a court-appointed lawyer but decides to hire their own lawyer instead. This is also a waiver of counsel because they are choosing not to use the lawyer provided by the court.

These examples illustrate the definition because in both cases, the person accused of a crime is making a conscious decision to not have a lawyer represent them. They are doing so voluntarily, meaning they are not being forced to make this decision. They are also doing so knowingly and intelligently, meaning they understand the consequences of not having a lawyer and are making an informed decision.