A person who has been appropriately informed under Section 61 [31-16-4 NMSA 1978] of the Indigent Defense Act may waive in writing or by other record any right provided by the Indigent Defense Act if the court authorized to appoint counsel, at the time of or after waiver, finds of record that he has acted with full awareness of his rights and of the consequences of a waiver and if the waiver is otherwise according to law. The court shall consider such factors as the person's age, education and familiarity with English and the complexity of the crime involved.

History: 1953 Comp., § 41-22-6, enacted by Laws 1968, ch. 69, § 63.

Failure to advise defendant of possible jail sentence. — There was no voluntary knowing, and intelligent waiver of the right to an attorney where defendant was advised of the allowable penalty, but was not aware of the possibility of a jail sentence when defendant waived the right to an attorney. Smith v. Maldonado, 1985-NMSC-115, 103 N.M. 570, 711 P.2d 15.

Effective waiver of right to counsel. — Where both the justice of the peace and the district court advised defendant that, if indigent, counsel would be appointed to represent him, where defendant affirmatively waived counsel in both courts and where the district court questioned defendant extensively as to his understanding of the charges, the penalties if convicted, his various rights, including the right to counsel, to a jury trial and to an appeal if found guilty, then defendant's motion for post-conviction relief on the grounds of lack of counsel was denied, as defendant effectively waived his right to counsel. State v. Martin, 1969-NMCA-079, 80 N.M. 531, 458 P.2d 606.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 21A Am. Jur. 2d Criminal Law § 1237 et seq.

Validity and efficacy of minor's waiver of right to counsel, 25 A.L.R.4th 1072.

22 C.J.S. Criminal Law § 292.