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

Asked over 1 year ago - Arkansas City, KS

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

Attorney answers (3)

  1. Patrick Michael Lewis

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . 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, patricklewislaw@gmail.com. This answer is... more
  2. Ian Thomas Valkenet

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . 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.

  3. Adebayo Ifasesan Kehinde Ogunmeno

    Contributor Level 12

    Answered . 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.
    www.ogunmenolawfirm.com

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