Self-Representation (Faretta/Pro Se) Evaluations

Assessing a defendant’s ability to waive counsel and proceed pro se.

Courts must ensure that defendants who wish to represent themselves knowingly, intelligently, and voluntarily waive counsel. Referrals occur when there is doubt about decisional capacity, cognitive impairment, or severe mental illness that may impair the ability to conduct a defense.

What you receive

  • Understanding of charges, potential penalties, and courtroom procedures

  • Appreciation of the risks and disadvantages of self‑representation

  • Capacity to organize a defense, make strategic decisions, question witnesses, and conform to courtroom decorum

  • Application of Dusky, Faretta, and Indiana v. Edwards standards, recognizing that courts may require a higher level of decisional capacity for self‑representation than for trial competence

Our Process

  • We examine legal filings, mental‑health history, and any prior competency evaluations.

  • We assess cognitive and decisional capacities, focusing on understanding of legal rights and procedures.

  • We consult with counsel and review court transcripts or jail logs to assess behavior, when possible.

  • Our report integrates legal standards. Timelines vary depending on court schedules and case complexity; please contact us to discuss scheduling. Testimony is provided upon request.

FAQs

  • Yes. Courts may permit reappointment of counsel at their discretion.

  • They may be combined or ordered separately, depending on the court’s questions.

  • Yes, we can assess capacities related to waiving other constitutional rights when requested.

  • Timelines vary depending on the case and court requirements. Please contact us to discuss expected timeframes.

More FAQs

Are you an attorney?

Silhouette of a person holding a surfboard walking on the beach during sunset, with a colorful sky and a distant hill in the background.
Dunes at sunset with footprints and a person sitting in the distance, near the ocean.
Sunset at the beach with large rock formations, one of which has a hole at its base, reflected in the wet sand.
Sunset over the ocean with orange, pink, and purple clouds, with silhouetted cliffs on the left and their reflection shimmering on the wet sand.