2006 Code of Virginia § 19.2-160 - Appointment of counsel or waiver of right

19.2-160. Appointment of counsel or waiver of right.

If the charge against the accused is a crime the penalty for which may beincarceration, and the accused is not represented by counsel, the court shallascertain by oral examination of the accused whether or not the accuseddesires to waive his right to counsel.

In the event the accused desires to waive his right to counsel, and the courtascertains that such waiver is voluntary and intelligently made, then thecourt shall provide the accused with a statement to be executed by theaccused to document his waiver. The statement shall be in a form designedand provided by the Supreme Court. Any executed statement herein providedfor 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 claimthat he is indigent, the court shall proceed in the same manner as isprovided in 19.2-159.

Should the defendant refuse or otherwise fail to sign either of thestatements described in this section and 19.2-159, the court shall notesuch refusal on the record. Such refusal shall be deemed to be a waiver ofthe right to counsel, and the court, after so advising the accused andoffering him the opportunity to rescind his refusal shall, if such refusal isnot rescinded and the accused's signature given, proceed to hear and decidethe case. However, if, prior to the commencement of the trial, the courtstates in writing, either upon the request of the attorney for theCommonwealth or, in the absence of the attorney for the Commonwealth, uponthe court's own motion, that a sentence of incarceration will not be imposedif the defendant is convicted, the court may try the case without appointingcounsel, and in such event no sentence of incarceration shall be imposed.

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