What is the legal test for a defendant who chooses to manage his own defense?

California, United States of America


The following excerpt is from The People v. Lopez, G042168, No. 02CF1819 (Cal. App. 2010):

Because a defendant who represents himself/herself necessarily gives up the right to be represented by counsel, the court must assure itself the waiver is knowing and intelligent. "When an accused manages his own defense, he relinquishes... many of the traditional benefits associated with the right to counsel. For this reason, in order to represent himself, the accused must 'knowingly and intelligently' forgo those relinquished benefits. [Citations.] Although a defendant need not himself have the skill and experience of a lawyer in order competently and intelligently to choose self-representation, he 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.]" (Faretta v. California, supra, 422 U.S. at p. 835.)

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