Misdemeanors; incarceration options, appointment of counsel or waiver of right. (HB1393)

Introduced By

Del. Morgan Griffith (R-Salem)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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. Read the Bill »


Bill Has Failed


02/17/2010Introduced at the request of Governor
02/17/2010Presented and ordered printed 10105309D
02/17/2010Referred to Committee for Courts of Justice
02/17/2010Assigned Courts sub: #1 Criminal
02/19/2010Stricken from docket by Courts of Justice