Carolina Criminal Defense & DUI Lawyer UpdatesThe Sixth Amendment of the United States Constitution guarantees defendants charged with a crime the right to legal counsel. The North Carolina State Constitution reinforces that protection in Article I, Section 23 Declaration of Rights. A lot of folks facing a criminal allegation assume that legal right is absolute. As long as they want an attorney, the Court must provide one. That’s not always the case. Indeed, there are things you can do to lose your right to a lawyer.
TL;DR: The February 2026 NC Court of Appeals Decision, State v. Webber, upheld a trial judge’s decision to strip a defendant of the right to counsel and force them to stand trial alone. The defendant had burned through four appointed attorneys over several years, privately retained a fifth, refused court-appointed counsel, and walked into the courtroom on the day of trial without a lawyer. The Court found the defendant forfeited and otherwise waived the right to counsel through their conduct.
North Carolina courts look at the totality of circumstances before stripping a defendant of the right to counsel. No single act automatically triggers forfeiture. What follows are the seven patterns set forth in Webber that, alone or in combination, can cost a defendant their lawyer: