No Writing Needed for Implied Waiver of Counsel

Statute that requires a writing for waiver of counsel does not apply to an implied waiver of counsel, such as when a defendant refused to retain counsel and to expressly waive counsel. A defendant’s objection is not necessary to preserve error in allowing a waiver because a defendant never objects to their own waiver of counsel.

If you have been arrested and would like to speak to an attorney, call our law office at 816-524-4949 or visit our website at Hoorfarlaw.com.

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