What are sufficient warnings to be given to a defendant seeking self-representation in a criminal case?

California, United States of America


The following excerpt is from People v. Karriem, B299204 (Cal. App. 2020):

The types of warnings that are sufficient include that self-representation is generally unwise, the defendant must follow the same rules governing attorneys, the defendant will face an experienced prosecutor with a significant advantage in skill and training, the trial court may terminate the defendant's self-representation should the defendant become disruptive, ineffective assistance of counsel will not be a ground for appeal, and the defendant will not receive special treatment from the court. (People v. Sullivan (2007) 151 Cal.App.4th 524, 545-546.)

Some courts of appeal have suggested that a defendant seeking self-representation also must be advised of the maximum penal consequences if convicted. People v. Jackio (2015) 236 Cal.App.4th 445, 450, 454-455 suggested that the Sixth Amendment requires notifying the defendant of the maximum penalty the defendant faces if found guilty of the alleged crimes and enhancements. The advisement in Jackio that the defendant faced "life in prison" was therefore adequate. (Id. at p. 455.)

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