Advisement And Waiver Of Right To Counsel (Faretta Waiver) (Family Law) {SC-4016}

Choose a location SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: CITY AND ZIP CODE: BRANCH NAME: FOR COURT USE ONLY 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. Right to a Speedy Trial ­ I understand that I have a right to a speedy trial. 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. 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. 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. 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. B. C. D. I can read and write the English language. no yes B. C. D. E. F. 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 My usual job, occupation, trade or business is ______________________________. I have completed: Junior High School High School College Other ______________________ E. I have legal training. no yes, describe __________________________. SC-4016 [New April 2011] ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL (Faretta Waiver) Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Insert Case Name: CASE NUMBER: F. I have represented myself in another criminal case. If "yes," I won my case. lost my case. no yes G. H. I. I know the facts that must be proved before I can be found guilty. I know the legal defenses that may be raised. no yes no yes I know the maximum possible punishments that are available to the Court in this matter. no yes no yes J. I know the other possible consequences of being convicted in this matter. 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 SC-4016 [New April 2011] ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL (Faretta Waiver) Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com