Fill and Sign the New Mexico Counsel Form

CRIMINAL FORMS Supreme Court Approved 9 - 401A July 22, 1997 9 - 401A [For use with Magistrate Court Rule 6 - 501, Metropolitan Court Rule 7 - 501 and Municipal Court Rule 8 - 501] STATE OF NEW MEXICO [COUNTY OF___________________] [CITY OF_____________________] __________________________ COURT No. ___________ [STATE OF NEW MEXICO] [COUNTY OF __________________] [CITY OF ____________________] v. ________________________________, Defendant WAIVER OF COUNSEL (To be used only if, upon conviction, the defendant may be deprived of liberty) I understand that I am charged with the following offense(s): ____________________________________________ __________________________________________________ which (strike inapplicable words or parts) [is a misdemeanor] [are [misdemeanors] under the law and that if I am found guilty I can be given a severe punishment, including imprisonment in the [New Mexico state penitentiary] [___________________ [city] [county] jail] and a fine. I understand that under the constitutions of the United States and the State of New Mexico, I have the right to be represented by a lawyer at all stages of the criminal case - - before trial, at the trial itself, during proceedings to determine what sentence should be imposed if I am found guilty, and any appeal. I understand that if I am unable, without undue hardship, to pay for all or a part of the expense of legal representation from available present income and assets, a lawyer will be furnished for me free of charge. CRIMINAL FORMS Supreme Court Approved 9 - 401A July 22, 1997 After reading and understanding all of the above, I hereby give up my rights to a lawyer in this case. DO NOT SIGN THIS FORM IF YOU WANT AN ATTORNEY. DO NOT SIGN THIS FORM UNLESS YOU HAVE READ IT AND UNDERSTAND IT. ______________________________ Defendant I find that the defendant, knowingly, voluntarily and intelligently with full awareness of the right to counsel has waived this right. ______________________________ Judge Date: ________________________ [Adopted effective September 15, 1997.] See State v. Pino , 1997-NMCA-001, 122 N.M. 789, 932 P.2d 13 (1997) ( cert. denied , 122 N.M. 589, 929 P.2d 981 (1997).