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Criminal Procedure • 6th Amendment
CRIMPRO#035
Legal Definition
A waiver must be knowing, voluntary, and intelligent.
Plain English Explanation
In order for a defendant to actually and validly waive their 6th Amendment rights, they must be informed of the dangers, disadvantages, and consequences of self-representation. In other words, a judge must determine that the defendant was aware that they had a right to be represented by an attorney, and then intentionally chose to waive that right.