Trinity — Faretta Waiver

Source: https://www.trinity.courts.ca.gov/system/files/faretta-waiver-12_21.pdf

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF TRINITY FOR COURT USE ONLY STREET ADDRESS:

CITY AND ZIP CODE: BRANCH NAME:

PETITIONER:

RESPONDENT:

CASE NUMBER:
ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL
(Faretta Waiver) ASSIGNED TO:

I _____________________________________________ personally appear before this Court and request that I be

allowed to represent myself without the assistance of an attorney.

CONSTITUTIONAL RIGHTS

I certify to the Court that I can read and write and 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 do not have funds to employ an attorney, one will be
appointed for me by the court.

B. Right to a Speedy Trial – I understand that I have a right to a speedy trial.

C. Right to Subpoena Witness and Records – I understand that I have the right to subpoena
witnesses or any records that I may need in my defense.

D. Right to confront and Cross-Examine Witnesses - I understand that I have the right to
confront in open court all witness who will be called to testify against me, and I have the right
to cross-examine those witnesses at the time of trial.

E. Right against Self-Incrimination – I understand that I have the right to testify at my trial, but
that I cannot be compelled to testify at the trial unless I so desire.

F. Right to Self-Representation – I understand that I have a right to self-representation and
may waive my right to counsel. I further understand that, if I am permitted to represent myself,
I will have to conduct my own defense WITHOUT THE ASSISTANCE OF A LAWYER.

BACKGROUND

I understand that the Court must make a decision as to whether I am competent (have the ability) to make an

informed, knowing, and voluntary waiver of my right to counsel. To assist the Court in make this decision, I declare

and represent as follows:

A. I can read and write the English language. no yes

B. I am not suffering from any mental illness or disability, and I have not taken any drug,
medicine, or liquor within the past 24 hours. no yes

C. My usual job, occupation, trade or business is ______________________________.

D. I have completed: Junior High School High School College

Other ______________________

E. I have legal training. no yes, describe __________________________.

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F. I have represented myself in another criminal case. no yes

If “yes,” I won my case. lost my case.

G. I know the facts that must be proved before I can be found guilty. no yes

H. I know the legal defenses that may be raised. no yes

I. I know the maximum possible punishments that are available to the Court in this matter.

no yes

J. I know the other possible consequences of being convicted in this matter. no yes

DANGERS AND DISADVANTAGES TO SELF-REPRESENTATION

1. I understand that there are numerous disadvantages to representing myself, including, but not limited to the following:

a. If I had a lawyer, that lawyer would be able to investigate my case and advise me as to my options.

b. If I represent myself, I will be required to prepare my own defense without the advice of a lawyer, do
my own research, and conduct my own investigation.

c. If I represent myself, I will be required to follow the same rules of procedure and evidence as a
lawyer, and I will get no special treatment from the Bench, even if I do not fully understand what I am
doing.

d. If I represent myself, my opponent may be an experienced, thoroughly prepared attorney who will
give me no consideration whatsoever, that I may be at an extreme disadvantage and could lose my
case.

e. If I am convicted, I will not be able to appeal on the ground that I did not have a lawyer.

I declare, under penalty of perjury, under the laws of the State of California, that I have read this entire form. I understand all the warnings, and still wish to represent myself in this matter. I freely and voluntarily waive (give up) my right to be represented by a lawyer or have the assistance of a lawyer for my defense. I choose to represent and defend myself without a lawyer.

Date: _________________ Signed: _____________________________________

FINDINGS AND ORDER

The Court finds that __________________________________________________:

A. Has the mental capacity to make a lawful waiver of his/her right to counsel.

B. Has been advised of his/her constitutional and statutory rights,

C. Understands all of those rights,

D. Has made an express, explicit, voluntary, willing, knowing, and intelligent decision to represent himself/herself.

The Court allows __________________________________________ to appear in propria persona.

Date: _________________ ______________________________________________

Judge of the Superior Court

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