Hawai'i Revised Statutes (HRS) § 626-1 (Supp.2006), Hawai'i Rules of Evidence (HRE) Rule 503, and Petitioner’s right against self-incrimination. II. A. A defendant is entitled to counsel at every critical stage of a judicial proceeding. Roe v. Flores-Ortega, 528 U.S. 470, 483, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000) (“The presumption that counsel’s assistance is essential requires us to conclude that a trial is unfair if the accused is denied counsel at a critical stage[ ]” of a “judicial proceeding.” (Quoting United States v. Cronic, 466 U.S. 648, 659, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984).).) Obviously, the “trial itself’ is one of the critical stages during which the accused is entitled to representation. Argersinger v. Hamlin, 407 U.S. 25, 37, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972) (<HOLDING>); United States v. Wade, 388 U.S. 218, 227, 87
holding that absent a knowing and intelligent waiver no person may be imprisoned for any offense whether classified as petty misdemeanor or felony unless he was represented by counsel at his trial recognizing requirement of knowing intelligent waiver holding that under the sixth amendment a criminal defendant may waive his right to counsel if that waiver is knowing intelligent and voluntary holding that a felony drug offense is an offense punishable by more than one year as defined in 21 usc  80244 2000 regardless of whether the state of conviction classified the particular offense as a misdemeanor or felony holding that when the defendant is not present in person or by an attorney at trial he does not waive the right to a twelvemember jury where the case is tried by six jurors the sufficiency of the waiver is determined by whether the waiver was knowing and intelligent