State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-457

§ 7A‑457.  Waiverof counsel; pleas of guilty.

(a)        An indigent person who has been informed of his right to berepresented by counsel at any in‑court proceeding, may, in writing, waivethe right to in‑court representation by counsel in accordance with rulesadopted by the Office of Indigent Defense Services. Any waiver of counsel shallbe effective only if the court finds of record that at the time of waiver theindigent person acted with full awareness of his rights and of the consequencesof the waiver. In making such a finding, the court shall consider, among otherthings, such matters as the person's age, education, familiarity with theEnglish language, mental condition, and the complexity of the crime charged.

(b)        If an indigent person waives counsel as provided insubsection (a), and pleads guilty to any offense, the court shall inform him ofthe nature of the offense and the possible consequences of his plea, and as acondition of accepting the plea of guilty the court shall examine the personand shall ascertain that the plea was freely, understandably and voluntarilymade, without undue influence, compulsion or duress, and without promise ofleniency.

(c)        An indigent person who has been informed of his right to berepresented by counsel at any out‑of‑court proceeding, may, eitherorally or in writing, waive the right to out‑of‑courtrepresentation by counsel. (1969, c. 1013, s. 1; 1971, c. 1243; 1973, c. 151, s. 3; 2000‑144,s. 11.)

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-457

§ 7A‑457.  Waiverof counsel; pleas of guilty.

(a)        An indigent person who has been informed of his right to berepresented by counsel at any in‑court proceeding, may, in writing, waivethe right to in‑court representation by counsel in accordance with rulesadopted by the Office of Indigent Defense Services. Any waiver of counsel shallbe effective only if the court finds of record that at the time of waiver theindigent person acted with full awareness of his rights and of the consequencesof the waiver. In making such a finding, the court shall consider, among otherthings, such matters as the person's age, education, familiarity with theEnglish language, mental condition, and the complexity of the crime charged.

(b)        If an indigent person waives counsel as provided insubsection (a), and pleads guilty to any offense, the court shall inform him ofthe nature of the offense and the possible consequences of his plea, and as acondition of accepting the plea of guilty the court shall examine the personand shall ascertain that the plea was freely, understandably and voluntarilymade, without undue influence, compulsion or duress, and without promise ofleniency.

(c)        An indigent person who has been informed of his right to berepresented by counsel at any out‑of‑court proceeding, may, eitherorally or in writing, waive the right to out‑of‑courtrepresentation by counsel. (1969, c. 1013, s. 1; 1971, c. 1243; 1973, c. 151, s. 3; 2000‑144,s. 11.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-457

§ 7A‑457.  Waiverof counsel; pleas of guilty.

(a)        An indigent person who has been informed of his right to berepresented by counsel at any in‑court proceeding, may, in writing, waivethe right to in‑court representation by counsel in accordance with rulesadopted by the Office of Indigent Defense Services. Any waiver of counsel shallbe effective only if the court finds of record that at the time of waiver theindigent person acted with full awareness of his rights and of the consequencesof the waiver. In making such a finding, the court shall consider, among otherthings, such matters as the person's age, education, familiarity with theEnglish language, mental condition, and the complexity of the crime charged.

(b)        If an indigent person waives counsel as provided insubsection (a), and pleads guilty to any offense, the court shall inform him ofthe nature of the offense and the possible consequences of his plea, and as acondition of accepting the plea of guilty the court shall examine the personand shall ascertain that the plea was freely, understandably and voluntarilymade, without undue influence, compulsion or duress, and without promise ofleniency.

(c)        An indigent person who has been informed of his right to berepresented by counsel at any out‑of‑court proceeding, may, eitherorally or in writing, waive the right to out‑of‑courtrepresentation by counsel. (1969, c. 1013, s. 1; 1971, c. 1243; 1973, c. 151, s. 3; 2000‑144,s. 11.)