NORTH CAROLINA CRIMINAL COURT — PRO SE

Waiver of Right to Counsel

G.S. 15A-1242 · Faretta v. California, 422 U.S. 806 (1975) · This form documents a defendant's election to proceed pro se. The court must still conduct a colloquy before accepting the waiver.
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Important: Filing this form does not complete the waiver. The court must question the defendant in open court to confirm the waiver is knowing, voluntary, and intelligent under G.S. 15A-1242 and Faretta. This document establishes a record and initiates the judicial colloquy.

01 DEFENDANT INFORMATION
02 CASE INFORMATION
03 PRIOR CONSULTATION WITH ATTORNEY
04 DEFENDANT'S ACKNOWLEDGMENTS

Defendant confirms understanding and voluntary agreement with each of the following. All must be acknowledged to proceed.

05 REASON FOR WAIVING (OPTIONAL)
06 SIGNATURE BLOCK

The PDF will include a signature line for the defendant. The court retains a copy. Sign in open court after the judicial colloquy.

DEFENDANT'S SIGNATURE WILL APPEAR HERE

Defendant's Signature  ·  Date

SELECTED COUNTY
— Select above —

WHAT YOU NEED TO KNOW

  • Court must conduct a colloquy before accepting this waiver — this form is not self-executing
  • Waiver can be revoked at any time before trial begins — you may request counsel up until that point
  • Court may appoint standby counsel even if waiver is accepted — you can ask for this
  • Felony charges require extra judicial scrutiny of any waiver under G.S. 15A-1242
  • You will be held to the same procedural standards as a licensed attorney
  • Strongly consider consulting an attorney before making this election

LEGAL AUTHORITY

G.S. 15A-1242Waiver of counsel
Faretta v. Cal.422 U.S. 806 (1975)
State v. Watkins361 N.C. 621 (2007)
Indiana v. Edwards554 U.S. 164 (2008)

NEED LEGAL HELP?

Self-representation in criminal cases is high-risk. Contact an attorney before giving up your right to counsel.

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