340) Can I Refuse a Lawyer and Represent Myself in Criminal Court? ` #HaberPA Miami Criminal DUI Law
Channel: Michael Haber
Date: 2020-04-04

Thanks for asking me “Can I Refuse a Lawyer and Represent Myself in Criminal Court?”

In 1975 in the case of Faretta v California the U.S. Supreme Court ruled that a criminal defendant has a constitutional right to refuse counsel and to self-represent in State criminal proceedings; but, before you can be permitted to self-represent you first have to go through a "Faretta Hearing" so that the Court can satisfy itself that your decision to proceed “pro se” is both intelligently and voluntarily made.

During a Faretta Hearing the Judge will place you under oath and then ask a series of questions (known as a “Faretta Inquiry”) which are essentially designed to make sure that the accused is aware of the benefits of having a lawyer,  that the waiver of that right is both knowingly and intelligently made and also to prevent the accused from appealing a guilty verdict on the basis of not having had a lawyer.

The Faretta Inquiry mandates a Judge to inquire as to the Defendant's capacity to self-represent and this’ll include questioning the accused’s understanding of the legal process - including the rules of procedure and evidence - the nature of the charges against her or him - including the elements, possible defenses and penalties - and the educational and mental health history of the accused.  The Judge is also required to advise the Defendant that having a lawyer in a courtroom is wise and that self-representing is dangerous, but in the end the decision belongs to the accused.

Personally I think it’s a horrible idea and when it comes to self-representation in criminal court I’d remind you of 2 relevant adages: 1) "He who represents himself has a fool for a client" and 2) “Be careful what you ask for... you might just get it.”  That said..

Thanks for your question, I appreciate you’re having asked it and I invite you to ask me more.  Please remember that at #HaberPA it’s all about reasonable doubt, and if you like this video then please subscribe to our YouTube channel / VideoFAQ (link below) and we’ll be putting out more soon! 

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