William & Mary Bill of Rights Journal
Abstract
This Note will first give a general background on the right to counsel in the United States that stems from the Sixth Amendment of the U.S. Constitution, with a focus on the right as applied in the Commonwealth of Virginia. A brief examination of the specific Virginia Code section that is relevant when discussing this issue will follow. This code section and its deficiencies collectively present potential threats to defendants’ right to counsel. An evaluation of federal case law and Virginia case law on constructive waiver will follow. This Note will conclude by offering potential solutions to head the looming threats off at the pass. These proposed solutions include detailed explanations to defendants regarding the right to counsel and its limits, explicit warnings to defendants who are about to constructively waive their right to counsel, and a statutorily mandated waiver-of-right colloquy.
Every Virginian has a right to effective counsel. Although protections for this right are legion in many respects, there is a small hole that could widen as the indigent defense crisis in the Commonwealth continues to get worse. It is imperative that the Commonwealth take the steps necessary to continue to protect this right before it is too late.
This abstract has been taken from the author's introduction.