Q&A: Right to Counsel – Waiver
Question:
If i signed the waiver of counsel can I still hire my own attorney in a criminal misdemeaner case?
t my arraignment for a criminal misdemeaner of threatening/intimidation I was not asked to enter a plea. I asked if I could get a court appointed attorney and was told by the court clerk I didnt need one. I was told I could still hire my own attorney. I carelessly signed the waiver of counsel. Is there any way I can still get a public defender, or do I have to hire a private attorney.
Answer:
Generally, you can retain private counsel at any stage in the proceedings (some exceptions do apply). However, if you cannot afford private counsel and you already waived the right to counsel, advise the court that you would like to request a court appointed attorney. You may or may not qualify depending upon the individual circumstances in your case including your financial status and the possible sentencing range. Hope this helps. Good luck.
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