Waiver of Counsel

August 2, 2026

Should You Request a Public Defender Before Hiring a Lawyer?

Requesting a public defender before hiring a private lawyer can preserve continuous legal representation while arrangements for retained counsel proceed. If you qualify for court-appointed counsel, you generally should accept the appointment even when you expect a private lawyer to enter the case later.

Financial plans can also change quickly after an arrest. Friends or family members may promise to help with legal fees and later become unable or unwilling to provide the money. An arrest or pending criminal charge may cause a loss of employment, reduced hours, suspension from work, or other income problems. The fee for the work required may also be greater than you expected. Accepting appointed counsel if you qualify protects your legal rights and options while those financial questions are resolved.

The court case remains active during the transition. Accepting the appointment of a public defender allows appointed counsel and retained counsel to coordinate the substitution without an unnecessary gap in representation.

February 24, 2026

7 Ways to Lose Your Lawyer

by Carolina Attorneys

The 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:

April 12, 2025

Waiver of Counsel in North Carolina

by Carolina Attorneys

Waiver of Counsel: Legal Framework and Standard of Review

Criminal defendants have a fundamental right to the assistance of counsel under the Sixth Amendment to the U.S. Constitution and Article I of the North Carolina Constitution. A defendant also has the right to proceed without counsel and represent himself or herself, but such waiver of counsel must be made knowingly, intelligently, and voluntarily. North Carolina law requires trial courts to conduct a thorough inquiry before accepting a waiver of the right to counsel.

This inquiry is codified in N.C.G.S. § 15A-1242, which provides that a judge may allow a defendant to proceed pro se only after confirming that the defendant: