The Sixth Amendment reads: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

The United States Supreme Court held in Faretta v. California (422 U.S. 806 (1975)), that a defendant in a state criminal trial has a constitutional right to conduct their own defense without assistance of counsel when the person voluntarily and intelligently elects to do so. At a Faretta hearing, the court ensures that the defendant understands the implications of possibly waiving their right to have an attorney. Over the years, numerous courts have judicially elucidated this important right.

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