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The Court's opinion went on to hold that criminal defendants, in state courts, have a constitutional right to refuse counsel and represent themselves. However, the right to represent oneself is not absolute. Courts have the authority and duty to determine whether a particular individual is capable of representing himself or herself. In Godinez v.
"In any court of this state, any suitor may prosecute or defend his suit either in his own proper person or by an attorney of the suitor's choice." [1] Wyoming: Const Art 1 § 8 "All courts shall be open and every person for an injury done to person, reputation or property shall have justice administered without sale, denial, or delay." [1] Wyoming
As stated in Brewer v.Williams, 430 U.S. 387 (1977), the right to counsel "means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, 'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment. ' " [2] Brewer goes on to conclude that once adversarial proceedings have begun ...
In-person assistance with legal and court information can be found at the L.A. County Law Library in downtown Los Angeles. Representing yourself in court? L.A. Law Library can help you prepare
A criminal defendant may represent himself, unless a court deems the defendant to be incompetent to waive the right to counsel. In Faretta v. California, 422 U.S. 806 (1975), the Supreme Court recognized a defendant's right to pro se representation. However, under Godinez v.
Faretta v. California, 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.