South Carolina Faretta Warnings

State:
South Carolina
Control #:
SC-SKU-1411
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Description Faretta Warnings Sc

Faretta Warnings A South Carolina Martha Warning is a type of warning issued to criminal defendants in the state of South Carolina before they can waive their right to counsel. The Martha Warning is based on the Supreme Court case Martha v. California, which established an individual's right to represent themselves in court. It is also known as the "Right to Self-Representation" or the "Right to Pro Se Representation". Generally, a South Carolina Martha Warning consists of a judge informing the defendant of their rights to "conduct their own defense" and the "risks of self-representation". The warning also informs the defendant of the "potential penalties for the charged offense", the "potential for conflict of interest", and the "difficulty of conducting a proper defense". Additionally, the judge must also warn the defendant that "[a]n attorney can provide advice and assistance that a defendant may not be able to provide for himself or herself". The South Carolina Supreme Court has set forth three types of Martha Warnings which are: (1) the Standard Martha Warning, (2) the Enhanced Martha Warning, and (3) the Modified Martha Warning. The Standard Martha Warning is the most commonly issued warning and involves informing the defendant of their right to self-representation, the risks of self-representation, and the potential penalties for the charged offense. The Enhanced Martha Warning involves informing the defendant of the potential conflict of interest, the difficulty of conducting a proper defense, and the availability of assistance from an attorney. The Modified Martha Warning is the least common warning and involves informing the defendant of their right to self-representation and the potential penalties for the charged offense, without any mention of the risks of self-representation or the availability of assistance from an attorney.

A South Carolina Martha Warning is a type of warning issued to criminal defendants in the state of South Carolina before they can waive their right to counsel. The Martha Warning is based on the Supreme Court case Martha v. California, which established an individual's right to represent themselves in court. It is also known as the "Right to Self-Representation" or the "Right to Pro Se Representation". Generally, a South Carolina Martha Warning consists of a judge informing the defendant of their rights to "conduct their own defense" and the "risks of self-representation". The warning also informs the defendant of the "potential penalties for the charged offense", the "potential for conflict of interest", and the "difficulty of conducting a proper defense". Additionally, the judge must also warn the defendant that "[a]n attorney can provide advice and assistance that a defendant may not be able to provide for himself or herself". The South Carolina Supreme Court has set forth three types of Martha Warnings which are: (1) the Standard Martha Warning, (2) the Enhanced Martha Warning, and (3) the Modified Martha Warning. The Standard Martha Warning is the most commonly issued warning and involves informing the defendant of their right to self-representation, the risks of self-representation, and the potential penalties for the charged offense. The Enhanced Martha Warning involves informing the defendant of the potential conflict of interest, the difficulty of conducting a proper defense, and the availability of assistance from an attorney. The Modified Martha Warning is the least common warning and involves informing the defendant of their right to self-representation and the potential penalties for the charged offense, without any mention of the risks of self-representation or the availability of assistance from an attorney.

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