Advisement And Waiver Of Right To Counsel (Faretta Waiver) Form - Superior Court Of California, County Of Santa Barbara Page 2

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Insert Case Name:
CASE NUMBER:
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: _________________
______________________________________________
DENISE MOTTER
Commissioner of the Superior Court
ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL (Faretta Waiver)
SC-4016 [New April 2011]
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