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My question is I was arrested for criminal trespass....when I go to court is it ok to waive my right to an attorney?

Arkansas City, KS |

I got arrested at WAl MArt for criminal trespass that was put on five years ago

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Attorney answers 3


Well you can, of course, waive your right to an attorney, but why? Trespass is a Class B misdemeanor, punishable by up to $1,500.00 in fines and six months in jail. You really need to speak with an attorney who handles criminal defense in order to determine what your options are and how you should proceed.

Legal disclaimer: Legal disclaimer: Patrick M. Lewis, (913) 558-3961, This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.

Ian Thomas Valkenet

Ian Thomas Valkenet


I concur with Mr. Lewis. Consult with an attorney before you make this decision.


Yes. You may waive your right to an attorney. The Sixth Amendment to the Federal Constitution guarantees you the assistance of competent counsel at "all critical stages of trial." Brewer v. Williams, 430 U.S. 387 (1977). However, those criminally accused also have the reciprocal right to be free of counsel and represent themselves. Faretta v. California, 422 U.S. 806 (1975).

However, before you proceed pro se, the judge will advise you on the record, and require you to acknowledge that you are making a knowing and voluntary waiver of a valuable constitutional right. There is no harm in consulting an attorney before you make such a big decision. Do yourself a favor and chat with a defense attorney before you go to trial.


Yes, you can waive your rights to attorney. But, it may not be wise to do so because of the legal implications without talking to an attorney. A five-years trespass "ban" seems out of the ordinary. I suggest you contact a local criminal defense attorney to assist you evaluate the situation. Good luck.

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