01ATTORNEY INFORMATIONSAVED LOCALLY
02DEFENDANT INFORMATION
03CASE INFORMATION
04WAIVER CONFIRMATIONSUI ONLY
All boxes must be checked before you can generate the PDF. These confirm compliance — they do not appear in the document.
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
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