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A waiver that is not in writing “may still be constitutionally valid if the circumstances demonstrate that the defendant has knowingly, voluntarily, and intelligently waived his right to counsel.”

A waiver that is not in writing under rule 5.04 “may still be constitutionally valid if the circumstances demonstrate that the defendant has knowingly, voluntarily, and 8 intelligently waived his right to counsel.”

Moreover, “[w]hen a defendant has previously been represented by counsel, a district court ‘can reasonably presume that the benefits of legal assistance and the risks of proceeding without it have been described to [the] defendant in detail.’” ().

7 If a waiver is not procedurally valid —because it was not written and signed as required by statute and rule or did not follow an advisory by the district court of all the information required by rule —it may still be constitutionally valid “ if the circumstances demonstrate that the defendant has knowingly, voluntarily, and intelligently waived his right to counsel .”

d 86 (Minn. App. 2011), to maintain that we can presume that Brady was aware of the risks because he had been represented by a public defender.

While a signed waiver is preferred, an unwritten waiver “may still be constitutionally valid if the circumstances demonstrate that the defendant knowingly, voluntarily and intelligently waived his right to counsel.”

But a waiver of the right to counsel may still be valid “if the circumstances demonstrate that the defendant has knowingly, voluntarily, and intelligently waived his right to counsel.”

The validity of a defendant’s waiver-of-counsel ultimately “depends on ‘the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.’” (quoting Worthy, d at 275-76).

In any event, this court has held that, “even if a waiver is not in writing, it may still be constitutionally valid if the circumstances demonstrate that the defendant has knowingly, voluntarily, and intelligently waived his right to counsel.” (affirming waiver of counsel at fourth pre-trial hearing) .

A waiver of the right to counsel may be constitutionally valid even if the waiver is not in writing “if the circumstances demonstrate that the defendant has knowingly, voluntarily, and intelligently waived his right to counsel.”

But a waiver of the right to counsel may still be constitutionally valid even if the waiver is not in writing “if the circumstances demonstrate that the defendant has knowingly, voluntarily, and intelligently waived his right to counsel.” State v. Haggins , see State v. Garibaldi