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

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
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 __________________________.
ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL (Faretta Waiver)
SC-4016 [New April 2011]
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