Yes. You can ask to give up your lawyer and represent yourself, but the request must be clear and you must knowingly and voluntarily accept the risks. Make the request directly to the judge as early as possible. A request made within a reasonable time before trial generally receives different treatment from one made after trial starts; there is no fixed number of days that decides every case. (Faretta v. California; People v. Windham; People v. Valdez.)
What the judge considers
The judge should make sure you understand the choice and its consequences. Representing yourself means taking responsibility for tasks a lawyer normally handles, including investigating, making objections, following evidence rules, examining witnesses, and presenting legal arguments. The court does not have to appoint a lawyer to assist you as co-counsel simply because you choose self-representation.
If the request is made after trial begins, the court may consider its timing and reason, the quality of current counsel, prior requests to replace counsel, and whether granting it would disrupt or delay the proceedings. A late request is not automatically granted or denied. (Windham.)
A lack of legal training alone is not a reason to reject an otherwise valid request. A separate, narrow issue can arise if severe mental illness prevents a person from carrying out basic defense tasks without counsel, even though the person is competent to stand trial. That is a case-specific capacity question; a diagnosis by itself does not decide it, and the rule does not require a routine competency inquiry every time someone asks to represent themself. (People v. Johnson.)
Self-representation is different from changing lawyers
If you want a different appointed lawyer because of a conflict, that is a request for substitution, commonly considered under People v. Marsden. It is not automatically a request to represent yourself. If you have retained counsel, ending that relationship raises a different question. Tell the court plainly what you are asking for and avoid relying on an ambiguous comment during a dispute with counsel. (Valdez.)
The judge may ask questions to confirm that the choice is deliberate and informed. If the court grants the request, you remain responsible for preparing and conducting the defense; the request itself does not guarantee extra preparation time or a continuance. If denied, ask counsel to ensure the request, warnings, and ruling are accurately reflected in the record.
What to prepare before asking
Write down when trial is set, the current stage of the case, what you are asking the court to do, and why. Be ready to explain that you understand the risks and what practical preparation you need. Do not assume that a request for more time, a complaint about counsel, or a desire to speak for yourself on one issue waives counsel for the whole trial.
For a pending California case, see the California criminal trial overview. The Law Offices of David S. Chesley can discuss the procedural choice and its consequences. Call (800) 755-5174.
