Washington Waiver of Right To Lawyer (Arraignment)

State:
Washington
Control #:
WA-SKU-0424
Format:
Word
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Description

Waiver of Right To Lawyer (Arraignment)

Washington Waiver of Right To Lawyer (Arraignment) is a legal document in which a defendant waives his or her right to have an attorney present during an arraignment. The Washington Waiver of Right To Lawyer (Arraignment) must be signed in front of a judicial officer or a court clerk, and it is used to affirm that the defendant knowingly and voluntarily waived their right to a lawyer. There are two types of Washington Waiver of Right To Lawyer (Arraignment): Waiver of Right to Arraignment Counsel and Waiver of Right to Private Arraignment Counsel. Waiver of Right to Arraignment Counsel is for defendants who have been informed of their right to an attorney and are voluntarily waiving that right. Waiver of Right to Private Arraignment Counsel is for defendants who are waiving the right to a private attorney, but who are still entitled to a court appointed attorney.

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FAQ

The arraignment is the first time the defendant appears in court. At the arraignment, the judge tells the defendant: ? What the charges are, ? What his or her constitutional rights are, and. ? That if he or she does not have enough money to hire a lawyer, the court will appoint a lawyer free of charge.

At arraignment, defendants are apprised of their rights in a criminal case and of the charges against them for the first time. At the arraignment hearing the judge may also make a finding of probable cause and set bail and other conditions of release.

In·?ef·?fec·?tive assistance of counsel. : representation of a criminal defendant that is so flawed as to deprive the defendant of a fair trial.

Counsel is ineffective if (1) a defendant is de- nied counsel at a critical stage of his trial, (2) counsel entirely fails to subject the prosecu- tion's case to meaningful adversarial testing, (3) counsel labors under an actual conflict of interest, or (4) the circumstances are such that the likelihood that any lawyer

To prove ineffective assistance, a defendant must show (1) that their trial lawyer's performance fell below an "objective standard of reasonableness" and (2) "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland v.

The appropriate standard for ineffective assistance of counsel requires both that the defense attorney was objectively deficient and that there was a reasonable probability that a competent attorney would have led to a different outcome.

You have the right to testify on your own behalf. You also have the right to remain silent and not give testimony or present any evidence in your defense. Your silence cannot be used against you.

Other examples that may qualify as ineffective assistance include: not explaining to an immigrant defendant the consequences of taking ? or rejecting ? a plea. having a conflict an interest.omitting a jury instruction on a potential viable defense. failing to get an expert witness to study incriminating photographs.

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Washington Waiver of Right To Lawyer (Arraignment)