The Right to Counsel in New Jersey: The Court's Responsibility to Provide Specific Advice

A trial court has an affirmative responsibility to advise criminal defendants of their right to counsel. In a recent Appellate Division decision, the court concluded that a trial court was required to give a defendant specific instructions into material areas of the defendant's case.

In the case subject of the court’s opinion, it was concluded that a defendant should be told that if he/she could not afford an attorney, one would be assigned to him/her.  In addition, the trial court had the responsibility to disclose to the defendant the specific term of incarceration if a conviction resulted.

In closing its decision, the appellate court concluded that a “searching and a pain staking inquiry” is required by a trial court before a waiver of counsel can occur.