Does a defendant have a right to conduct their own defense?

California, United States of America


The following excerpt is from People v. Wafer, F075412 (Cal. App. 2019):

" 'A criminal defendant has a right, under the Sixth Amendment to the federal Constitution, to conduct his own defense, provided that he knowingly and intelligently waives his Sixth Amendment right to the assistance of counsel. [Citations.] A defendant seeking to represent himself "should be made aware of the dangers and disadvantages of self-representation, so that the record will establish that 'he knows what he is doing and his choice is made with eyes open.' [Citation.]" [Citation.]' " (People v. Burgener (2009) 46 Cal.4th 231, 240-241.)

Other Questions


Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (California, United States of America)
Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
What is the test for a defendant's claim that the exclusion of evidence in the trial of a defendant in a sexual assault case violated his federal constitutional right to present a defense? (California, United States of America)
Does a defendant have a right to conduct his own defense? (California, United States of America)
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)
What is the test for terminating a defendant's right to conduct his own defense? (California, United States of America)
Is a defendant's right to testify in his own defense justified when the trial court rejects a request by the defense to reopen his case? (California, United States of America)
Does a rejection of some evidence concerning the defense affect a defendant's right to present his defense? (California, United States of America)
Does a defendant have the right to present their own defense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.