What Is a Faretta Motion in California Criminal Cases?

A Faretta motion is a formal request a criminal defendant makes to the court asking for permission to represent themselves in a criminal case instead of being represented by an attorney.

This applies to both misdemeanor and felony cases in California.

The motion is named after the U.S. Supreme Court case Faretta v. California (1975), which held that a criminal defendant has a constitutional right to self-representation.

This right is grounded in the Sixth Amendment, as applied to the states through the Fourteenth Amendment.

In simple terms, filing a Faretta motion means the defendant is asking to act as their own lawyer, commonly referred to as going “pro per” or “pro se.”

While this right exists, courts strongly discourage self-representation due to the significant risks involved.

The Constitutional Right to Self-Representation

Under Faretta v. California, a defendant may waive the right to counsel and represent themselves if the waiver is:

• Knowing

• Intelligent

• Voluntary

A defendant must also make the request clearly and unequivocally, and it must be made within a reasonable time before trial. If granted, the defendant assumes full responsibility for their defense and gives up the right to later claim ineffective assistance of counsel.

How Does a Faretta Motion Hearing Work?

When a defendant files or orally requests a Faretta motion, the court will hold a Faretta hearing to determine whether the defendant truly understands what they are giving up.

During this hearing, the judge will question the defendant to ensure they understand:

• The charges they are facing

• The maximum penalties, including jail or prison exposure

• That they will be held to the same standards as an attorney

• The court will not provide legal advice or special treatment

The judge's role is not to evaluate whether the defendant will do a good job, but rather to determine whether the waiver of counsel is constitutionally valid.

Legal Standard Applied by the Court

The judge must find that the waiver is made:

• Voluntarily – not under coercion

• Knowingly – with awareness of consequences

• Intelligently – with a basic understanding of the process

If the judge denies the motion, the defendant must either retain private counsel or proceed with a court-appointed attorney.

What Happens If the Faretta Motion Is Granted?

If the court grants the Faretta motion:

• The defendant represents themselves at trial and hearings

• The defendant must follow all rules of evidence and procedure

• The prosecutor has no obligation to assist or explain the law

• The defendant cannot later appeal based on poor legal performance

Courts often appoint standby counsel, but this attorney does not actively participate unless the court requests it.

Are Pro Per Defendants Given Special Treatment?

No. A defendant representing themselves is held to exactly the same rules as a licensed attorney. This means:

• No relaxed deadlines

• No help from the judge

• No explanations of legal strategy

• No leniency for mistakes

Courts repeatedly warn defendants that a lack of legal knowledge can seriously harm their case.

Can a Defendant Change Their Mind After Filing a Faretta Motion?

Yes. A defendant may later decide to stop self-representation and request an attorney. If the defendant hires private counsel, courts will typically grant a continuance under Penal Code 1050 to allow the attorney time to prepare.

However, the court may deny repeated or tactical changes meant to delay proceedings.

What Are the Disadvantages of Going Pro Per?

Representing yourself in a criminal case is almost always risky. Prosecutors are trained attorneys with courtroom experience and access to investigative resources.

Common disadvantages include:

• Inability to properly object to evidence

• Poor cross-examination of witnesses

• Failure to preserve appellate issues

• Difficulty presenting defenses or motions

• Negative jury perception, especially in sensitive cases

In cases involving alleged victims—such as domestic violence or sex offenses—the jury may react negatively when the accused personally cross-examines the accuser.

What Is the Difference Between a Faretta Motion and a Marsden Motion?

A Faretta motion is a request to represent yourself.

A Marsden motion, by contrast, is a request to replace a public defender due to inadequate representation or a conflict of interest.

Key differences:

If a Marsden motion is granted, the court appoints a new public defender. If denied, the original public defender remains on the case.

Why Courts Discourage Self-Representation

Judges routinely warn defendants that going pro per is rarely a good idea. Criminal law is complex, procedural mistakes are unforgiving, and convictions often carry serious collateral consequences, including:

• Jail or prison time

• Loss of firearm rights

• Immigration consequences

• Professional licensing issues

Even innocent defendants can severely damage their cases without legal representation.

Do You Need a Criminal Defense Lawyer?

If you are considering a Faretta motion—or have already requested one—it is critical to speak with an experienced criminal defense attorney before waiving your right to counsel. An attorney can:

• Explain your legal exposure

• Evaluate whether self-representation is a strategic mistake

• Step in before irreversible harm occurs

Los Angeles Criminal Defense Representation

Cron, Israels & Stark is a criminal defense law firm based in Los Angeles, California, representing clients in misdemeanor and felony cases throughout the state.

If you have been charged with a crime or are considering representing yourself, contact our firm for a confidential case review.

Related Content:

• Motion to Dismiss
• Arraignment Process