                                 CODE OF VIRGINIA

APPOINTMENT OF COUNSEL OR WAIVER OF RIGHT (§ 19.2-160)

If the charge against the accused is a crime the penalty for which may be
incarceration, and the accused is not represented by counsel, the court shall
ascertain by oral examination of the accused whether or not the accused desires
to waive his right to counsel.
		In the event the accused desires to waive his right to counsel, and the court
ascertains that such waiver is voluntary and intelligently made, then the court
shall provide the accused with a statement to be executed by the accused to
document his waiver. The statement shall be in a form designed and provided by
the Supreme Court. Any executed statement herein provided for shall be filed
with and become a part of the record of such proceeding.
		In the absence of a waiver of counsel by the accused, and if he shall claim
that he is indigent, the court shall proceed in the same manner as is provided
in § 19.2-159.
		Should the defendant refuse or otherwise fail to sign either of the statements
described in this section and § 19.2-159, the court shall note such refusal on
the record. Such refusal shall be deemed to be a waiver of the right to counsel,
and the court, after so advising the accused and offering him the opportunity to
rescind his refusal shall, if such refusal is not rescinded and the
accused&#8217;s signature given, proceed to hear and decide the case. However,
if, prior to the commencement of the trial, the court states in writing, either
upon the request of the attorney for the Commonwealth or, in the absence of the
attorney for the Commonwealth, upon the court&#8217;s own motion, that a
sentence of incarceration will not be imposed if the defendant is convicted, the
court may try the case without appointing counsel, and in such event no sentence
of incarceration shall be imposed.

HISTORY: Code 1950, § 19.1-241.9; 1973, c. 316; 1975, c. 495; 1978, c. 365;
1979, c. 468; 1983, c. 97; 1989, c. 385.