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Right to Counsel

By: Derek Hawkins//August 22, 2016//

Right to Counsel

By: Derek Hawkins//August 22, 2016//

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7th Circuit Court of Appeals

Case Name: United States of America v. Charles

Case No.: 15-1142

Officials: POSNER, KANNE, and HAMILTON, Circuit Judges.

Focus: Right to Counsel

Appellant waived right to counsel after going through numerous attorneys

“The district court conducted a thorough formal inquiry into Thomas’s waiver of counsel in accordance with Faretta, 422 U.S. 806. In fact, over the course of Thomas’s criminal case, the district court conducted two formal Faretta hearings. At the hearings (and on many more occasions), the district court warned Thomas of the danger of refusing counsel and choosing to represent himself, and Thomas acknowledged that he understood. The district court questioned Thomas about his education, background, understanding of the law, and his understanding of the charges and possible penalties. Thomas indicated that he had attended school until eleventh grade, had watched two criminal trials, understood the charges and potential penalties, and understood the applicability of the rules of procedure and evidence. Thomas acknowledged that he was voluntarily deciding to represent himself.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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