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Knowing and Voluntary Waiver in Oklahoma Criminal Law

When you hear the term "Knowing and Voluntary" and/or "free and voluntary" it is a referncer to a waiver. This is a very important issue in criminal law. Anytime a defendant waives, that is gives up his or her rights, the waiver is not valid unless it is "knowing and voluntary" and/or "free and voluntary". This could be waiving his or her right to a preliminary hearing, trial, counsel, waiving a right to a hearing on an application to revoke or many other hearings.

Below are some quotes from appellate cases about "knowing and voluntary" waivers:

"A defendant's knowing and voluntary waiver of the right to counsel requires that he or she be informed of the dangers and disadvantages of self-representation." Mathis v. State, 2012 OK CR 1.

"[U]nder both the state and federal constitutions anything less than a record which shows that the defendant rejected the offer of counsel with knowledge and understanding of the perils of self-representation is not waiver." Nave v. State, 1991 OK CR 42

Instead, we will examine the entire record before us to determine whether the guilty plea was entered in a knowing and voluntary manner. Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969).” Id. at ¶ 15.

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Kevin D Adams, Attorney at Law
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