Waiver Of Counsel {9-401}

CRIMINAL FORMS Supreme Court Approved October 21, 1998 1 9-401 2 3 [For use with District Court Rule 5-301] 4 5 STATE OF NEW MEXICO 6 COUNTY OF___________________ 7 __________________________ COURT No. ___________ 8 9 10 STATE OF NEW MEXICO 11 12 v. 13 14 ________________________________, Defendant 15 16 17 WAIVER OF COUNSEL 18 (To be used only if, upon conviction, the 19 defendant may be deprived of liberty) 20 21 I understand that I am charged with the following 22 offense[s]: _____________________________________________ 23 __________________________________________________ which 24 (strike inapplicable words or parts) [is] [are] misdemeanors25 under the law and that if I am found guilty I can be given a 26 severe punishment, including imprisonment in the [New Mexico 27 state penitentiary] [____________________ [city] [county] 28 jail] and a fine. 29 30 I understand that under the Constitutions of the United 31 States and the State of New Mexico, I have the right to be 32 represented by a lawyer at all stages of the criminal case 33 -- before trial, at the trial itself, during proceedings to 34 determine what sentence should be imposed if I am found 35 guilty, and any appeal. I understand that if I am unable, 36 without undue hardship, to pay for all or a part of the 37 expense of legal representation from available present 38 income and assets, a lawyer will be furnished for me free of 39 charge. 40 41 After reading and understanding all of the above, I 42 hereby give up my rights to a lawyer in this case, and to 43 have a lawyer furnished for me free of charge if I cannot 44 afford one. 45 46 DO NOT SIGN THIS FORM IF YOU 47 WANT AN ATTORNEY. DO NOT SIGN48 THIS FORM UNLESS YOU HAVE READ49 IT AND UNDERSTAND IT. 50 51 ______________________________<<<<<<<<<********>>>>>>>>>>>>> 2 CRIMINAL FORMS Supreme Court Approved October 21, 1998 1 Defendant 2 3 I find that the defendant, knowingly, voluntarily and 4 intelligently with full awareness of the right to counsel, 5 has waived the right to counsel. 6 7 ______________________________ 8 Judge 9 10 Date: ________________________11 12 [As amended, effective January 1, 1999.] 13 2