Misdemeanors; incarceration options, appointment of counsel or waiver of right. (HB1393)
Introduced By
Del. Morgan Griffith (R-Salem)
Progress
√ |
Introduced |
X |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Appointment of counsel or waiver of right. Provides that if a criminal charge against an accused is a misdemeanor, the penalty for which may be incarceration, no penalty of incarceration shall be imposed by a court unless (i) the offense is punishable by mandatory minimum punishment or (ii) the prosecuting attorney affirmatively advises the court that incarceration is appropriate in such cases, or in the instant case. The bill also provides that, if the accused is not represented by counsel and the charge against him is a felony or a misdemeanor punishable by incarceration or for which a sentence of incarceration is deemed appropriate by the prosecuting attorney, the court shall ascertain whether or not the accused desires to waive his right to counsel. View Full Text »
