San Mateo — Waiver of Right to Counsel and Order Permitting Appearance in Propria Persona (Faretta Waiver)

Source: https://sanmateo.courts.ca.gov/system/files/local-forms/cr-25.pdf

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO

Hall of Justice Northern Division Reserved for Clerk’s Office Stamp
400 County Center 1050 Mission Road
Redwood City, CA 94063 South San Francisco, CA
94080

THE PEOPLE OF THE STATE OF CALIFORNIA Plaintiff, vs.

Defendant

WAIVER OF RIGHT TO COUNSEL AND ORDER Case Number: PERMITTING APPEARANCE IN PROPRIA PERSONA Department No.:

Instructions:

Fill out this form if you wish to act as your own attorney (also referred to as “pro per”). Initial
the box for each item below only if you understand and agree with it, and sign and date the
form on page 6. If you have any questions about anything on this form, ask your attorney or
the judge.

I am the defendant in the above-entitled case. I can read and write. Initials

CONSTITUTIONAL RIGHTS

1. I understand that my constitutional rights include the following:

A. Right to an Attorney – I understand that I have the right to be represented by an attorney

at all stages of the proceedings and, if I cannot afford to hire an attorney, one will be

appointed for me by the Court. Initials

B. Right to a Speedy Trial and Public Jury Trial – I understand that I have a right to a

speedy trial and a public trial by a jury of twelve citizens. Initials

C. Right to Subpoena Witnesses and Records – I understand that I have a right to the

reasonable use of the subpoena power of the Court to subpoena any witnesses or any

records that I may need in my defense. Initials

D. Right to Confront and Cross-Examine Witnesses – I understand that I have the right to

confront in open court all witnesses who will be called to testify against me. I have the

right to cross-examine those witnesses at the time of trial. Initials

Form adopted for Mandatory Use Page 1 of 6
Local Court Form CR-25 ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL
[Rev. July 1, 2023] (Faretta Waiver)

E. Right Against Self-Incrimination – I understand that I cannot be compelled to testify

unless I so desire. Initials

F. Right to Testify and Produce Evidence – I understand that I have the right to testify and

to produce evidence on my own behalf. Initials

G. Right to be Released on Bail – I understand that I may have the right to be released from

jail on reasonable bail or to be released on my own recognizance (“OR”) pending the trial.

Initials

H. Right to Self-Representation – I understand that I have a right to act as my own attorney

and may waive my right to the assistance of an attorney. I further understand that if I am

permitted to represent myself, I will have to conduct my own defense without the assistance

of an attorney. Initials

BIOGRAPHICAL INFORMATION

2. In support of my petition to represent myself I offer the Court the following biographical information:

   A. Age Year of Birth: B. Education:

   (1) Number of years attended school:

   (2) High School Graduate: Yes No

   (3) Legal Education (if any):

   C. Employment Experience:

---

---

---

---

---

D. Have you ever represented yourself in a criminal case before? If so, please give a brief

description – in which court, how long ago, and on what charges?

---

Form adopted for Mandatory Use Page 2 of 6 Local Court Form CR-25 ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL [Rev. July 1, 2023] (Faretta Waiver)

---

---

---

---

---

---

---

---

---

DANGERS AND DISADVANTAGES TO SELF-REPRESENTATION

3. I understand there are many dangers and disadvantages in representing myself. Among the dangers and disadvantages of not having an attorney are the following:

   A. I understand that if I am permitted to represent myself it will be necessary for me, without the assistance of an attorney, to follow the rules of court, evidence and criminal law and criminal procedure. Initials

   B. I understand the case against me will be handled by a prosecutor who is an experienced trial attorney. I will not be entitled to special consideration or assistance by the prosecutor, judge, or court staff. Initials

   C. I understand that if I am permitted to represent myself, it will be necessary for me, without the assistance of any attorney, to defend myself, including, but not limited to: making pretrial motions; selecting a jury; making an opening statement; cross - examining the witnesses for the prosecution; subpoenaing and presenting my own witnesses; making appropriate objections and motions during the course of the trial; preparing and presenting proposed jury instructions to the Court; making the final argument; and in the event of a conviction, making appropriate motions after trial and representing myself at sentencing hearings. Initials

   D. I understand that I cannot and will not receive any special consideration or assistance from the Court. I further understand that the Court will not provide me with any legal advice. Initials

Form adopted for Mandatory Use Page 3 of 6 Local Court Form CR-25 ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL [Rev. July 1, 2023] (Faretta Waiver)

E. I understand that if I wish to ask the Court for funds to be used in my defense, I will have to show good cause. I will be required to keep and show the Court receipts for anything I have purchased with the money granted to me. Initials

F. I understand that if I am in jail, it may be difficult for me to contact witnesses and investigate my case. I understand that I will have limited access to a telephone, to legal research and to legal information which may make preparations for my defense more difficult. Initials

G. I understand that no continuance of the trial will be allowed without a showing of good cause. Initials

H. I understand that, depending on the stage of my case, if I change my mind and request an attorney to handle my case, the Court may deny this request, and I may have to proceed to trial without an attorney. If the Court does grant this request, the attorney will be at a disadvantage if the attorney does not have sufficient time to prepare for trial.

Initials
I. I understand that in conducting the trial, I may be limited in my movements in the
courtroom. All documents, for example, will be handed to witnesses when necessary
through the bailiff. I may be required to remain in my seat at counsel table.
Initials

J. I understand that I must act respectfully in court. I understand that the judge may
terminate my right to act as my own attorney if I engage in serious misconduct or
obstruct the administration and progress of the trial. I understand that if my right to act as
my own attorney is terminated, I may have to be represented by an attorney, appointed by
the judge, who will continue the case from that point.
Initials

K. I understand that if an appointed attorney does take over my case, that attorney may be at a disadvantage as a result of my self-representation. Such a disadvantage will not be considered an issue on appeal. Initials

L. I understand that misconduct by me occurring outside of court may result in restriction or termination of my right to act as my own attorney. I also understand that my right to act as my own attorney will not shield me from disciplinary actions within jail. I will be

Form adopted for Mandatory Use Page 4 of 6 Local Court Form CR-25 ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL [Rev. July 1, 2023] (Faretta Waiver)

subject to the same disciplinary measures as all other inmates for misconduct occurring in the jail. Initials

M. I understand that a defendant who is represented by an attorney and is convicted may complain on appeal that the attorney’s assistance was ineffective. I understand that by acting as my own attorney, I am giving up any right to claim on appeal that I had ineffective assistance of counsel. Initials CHARGES AND CONSEQUENCES

4. The crimes and enhancements with which I am charged are:

   Initials

The minimum and maximum sentences for those crimes and enhancements are:

Initials

5. I understand that I am giving up having an attorney explain to me what crime(s) I am charged with, the elements of the crimes charged, any associated mental state required, and any possible legal defenses I might have to those charges. Initials

6. I understand that I am giving up the right to have an attorney investigate the facts of my case and help me use those facts to present a defense to the charges in court. Initials

7. I understand that if I am not now a United States citizen, I am giving up having an attorney analyze whether the charges could affect my right to legally remain in or return to the United States, or to become a United States citizen. I am also giving up having an attorney advise me on how I could settle my case and not harm my immigration-related rights. Initials

8. I understand that I am giving up having an attorney determine what post-trial motions and sentencing options I may have if I am convicted, and to present these motions and options to the Court. Initials

Form adopted for Mandatory Use Page 5 of 6 Local Court Form CR-25 ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL [Rev. July 1, 2023] (Faretta Waiver)

9. I understand that this Court advises and recommends that I accept a court-appointed attorney. The Court has advised me to not act as my own attorney. I understand that if I accept the appointment of a court-appointed attorney, a trial attorney will be assigned to defend me. I understand that the attorney would be able to investigate my case, file pretrial motions, and conduct the trial. Initials

---

I have read, understood, and considered all the above warnings included in this form, and I still want to act as my own attorney. I freely and voluntarily give up my right to have an attorney represent me.

Dated: Signed: Defendant’s Signature

INTERPRETER’S STATEMENT (If applicable)

I, having been duly sworn or having a written oath on file, certify that I accurately translated this Advisement and Waiver of Right to Counsel (Faretta waiver) form to the defendant in the language indicated below. The defendant stated that defendant understood the contents on the form, and then initialed and signed the form.

Language: (Specify)

Dated:

Signed: Court Interpreter

Type or Print Name

The court finds that the defendant has been advised of defendant’s constitutional rights and the dangers and disadvantages of self-representation. The defendant has made a voluntary, knowing, and intelligent waiver of the right to counsel. The court grants the defendant’s request for self-representation.

Dated: Signed: Judge of the Superior Court

Form adopted for Mandatory Use Page 6 of 6 Local Court Form CR-25 ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL [Rev. July 1, 2023] (Faretta Waiver)