Misdemeanor Waivers of Counsel
Every year millions of individuals charged with misdemeanor offenses resolved their cases without a lawyer. Despite the fact that many are constitutionally guaranteed the right to counsel, individuals often waive representation. Prior research suggests this is due to perceptions that misdemeanor charges are minor along with the lack of confidence in the public defense system. In this series of reports, the authors examine these premises, exploring factors influencing a defendant's decision to waive counsel and some of the impacts of those decisions.
The study was conducted in lower criminal courts of a smaller and larger county in a Southeastern state in the United States. Using a mix of longitudinal interviews, court observations, and other data, the researchers found that court operations contain numerous constraints on a defendant's access to a robust and meaningful advisement. These barriers also inhibit defendants from fully asserting their constitutional rights. Operating under significant pressures to make quick but complex decisions, many defendants elect to waive counsel because of their anxiety surrounding appearing in court, their distrust of public defense lawyers, and myriad misconceptions about how they believe their case will proceed.
Reports
Bureaucratic Due Process & Waiving Counsel
Counsel Selection & Consequences of Delayed Representation
Why Misdemeanor Defendants Proceed without Counsel
Methodological Lessons Learned
Authors
Learn more about the challenges facing individuals charged with misdemeanor offenses:
