Defendants Waiver Of Counsel And Decision To Represent Self printable pdf download

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF YAMHILL

)

STATE OF OREGON

)

Case Number

Plaintiff, )

)

DEFENDANT’S WAIVER

)

OF COUNSEL AND DECISION

Defendant. )

TO REPRESENT SELF

I wish to waive my right to be represented by an attorney. I understand and affirm all of the following:

I read, speak, and understand English or have had the information on this page interpreted for me.

I am not under the influence of alcohol or drugs, and I am not suffering from any injury, illness or

disability of any kind that could affect my ability to think or make a rational choice.

I understand the charges against me and have been provided with a copy of the document that sets

forth those charges and the maximum potential penalty.

I know that I have constitutional right to be represented by an attorney and that, if I am unable to

afford an attorney, the court will, at my request, appoint one to represent me.

I know that the State will be represented by an attorney in this proceeding even if I waive my right to

counsel and elect to plead guilty or appear at trial without an attorney.

I know that I may be at a disadvantage in this proceeding if I do not have an attorney because:

a. There are legal rules that govern the procedures and how evidence may be presented at a trial or

other proceedings, and all those rules will be applied to me even though I am not an attorney and may

not know those rules.

b. There may be defenses available to the charges or weaknesses in the state’s ability to prove their case.

I may not be aware of those matters and an attorney may be able to assist me in recognizing and

asserting such a defense.

c. An attorney would analyze the police reports and could, if appropriate and, if necessary, at state

expense, hire an investigator to independently investigate my case and locate witnesses necessary for

my defense.

d. If there are search and seizure issues, an attorney may be in a better position to assess whether

evidence has been properly seized and seek to have the court rule it inadmissible if improperly seized.

e. It may be that an attorney would simply be more effective or articulate, based on his or her training

and experience, in negotiation with the Office of the District Attorney, arguing motions, arguing my

case at trial and/or advocating for me at sentencing. It may be that an attorney could advocate for

and obtain a more favorable plea bargain than offered to me at this time.

With the above in mind, I hereby voluntarily waive my right to be represented by an attorney. I freely choose

to represent myself. I have read and understand all the rights and warnings set forth above. No one made

any threats to me to cause me to waive my right.

Dated this: _____ day of ___________________, 20____.

Signature of Defendant

Original: Court Copies to: District Attorney and Defendant

DEFENDANT’S WAIVER OF COUNSEL AND DECISION TO REPRESENT SELF (Revised 12/3/2015)

Defendants Waiver Of Counsel And Decision To Represent Self

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