Waiver of Counsel (CR-100)

01ATTORNEY INFORMATIONSAVED LOCALLY

Attorney Name *

State Bar No.

Firm

Phone

Address

02DEFENDANT INFORMATION

Full Name *

Date of Birth *

Address *

Phone

03CASE INFORMATION

County *

Court Session *

File Number(s) *

Charge(s) *

Court Date *

Maximum Possible Sentence *

04WAIVER CONFIRMATIONSUI ONLY

All boxes must be checked before you can generate the PDF. These confirm compliance — they do not appear in the document.

Defendant advised of right to counsel, including appointed counsel if indigent

Defendant advised of charges and maximum possible sentence

Defendant advised of right to jury trial (if applicable)

Defendant's waiver is knowing, voluntary, and intelligent

Defendant does not appear to be under the influence of alcohol or drugs

05DEFENDANT STATEMENTAUTO-GENERATED — APPEARS IN PDF

I, [DEFENDANT NAME], do hereby voluntarily, knowingly, and intelligently waive my right to the assistance of counsel in the above-referenced matter. I understand that: (1) I have the right to be represented by an attorney; (2) if I cannot afford an attorney, one may be appointed for me at no cost; (3) I am charged with [CHARGES], which carries a maximum sentence of [MAX SENTENCE]; (4) I have chosen to represent myself in this proceeding; and (5) I may be at a disadvantage compared to trained legal counsel.

06COURT / JUDGE INFORMATION

Name of Judge / Magistrate Taking Waiver *

Date of Waiver *

Attorney Present (Preparing Form)

WARNING — IRREVOCABLE WAIVER

Waiver of counsel is irrevocable once accepted by the court. Ensure the defendant fully understands the consequences — including the right to free appointed counsel — before filing. The court must conduct a personal colloquy with the defendant on the record.

FARETTA RIGHTS

Faretta v. California, 422 U.S. 806 (1975) — constitutional right to self-representation
Waiver must be knowing, voluntary, and intelligent
Court must warn of dangers of self-representation
Indigent defendant must be told counsel is free
NC follows the federal Faretta standard
Waiver accepted in open court, on the record
Court may appoint standby counsel even after waiver

FORM REFERENCE

FORMAOC-CR-100

CATEGORYCriminal / Pro Se

AUTHORITYFaretta v. California

FILINGeCourts / Clerk of Court

BEFORE FILING

All 5 confirmation boxes must be checked
Waiver must be executed in open court — not in hallway or chambers
Judge must personally address the defendant on the record
Obtain defendant's signature in court before judge signs
File with Clerk via eCourts immediately after execution
Retain signed original in your file

Waiver of Counsel Generator

WARNING — IRREVOCABLE WAIVER

FARETTA RIGHTS

FORM REFERENCE

BEFORE FILING