The right to an attorney may be waived. Before a judge can allow a defendant to represent himself, the judge must question the defendant to make sure he is knowingly and intelligently waiving his right to an attorney. The judge must warn the defendant of the dangers of representing himself. Farretta v. California, 422 U.S. 806 (1975). To be valid, such waiver must be made with an understanding of the nature of the charges, the range of punishments, possible defenses to the charges, circumstances in mitigation, and all other facts essential to a broad understanding of the case. Farley v. State, 317 Ga. App. 628 (2013); Banks v. State, 260 Ga. App. 515 (2003); Prater v. State, 220 Ga. App. 506 (1996). The judge does not have to discuss each of these factors, as long as it is clear that the defendant was made aware of these dangers. Cox v. State, 317 Ga. App. 654 (2012). Although a defendant has the right to represent himself, he does not have the right to act as co-counsel. Powers v. State, 314 Ga. App. 733 (2012); Isaacs v. State, 259 Ga. 717 (1989).
A defendant's insistence that his court appointed lawyer give in to his demands and pursue a frivolous and baseless line of defense may amount to the equivalent of a knowing and voluntary waiver of counsel. Calmes v. State, 312 Ga. App. 769 (2012); Phipps v. State, 200 Ga. App. 18 (1991).
A request for self-representation must be made before trial. Powers v. State, 314 Ga. App. 733 (2012). A defendant who chooses to and is allowed to represent himself can make a request for counsel after waiving the right if, for example, he discovers he is overwhelmed by the trial process. Whether to grant that request is in the discretion of the judge. Wilkerson v. State, 286 Ga. 201 (2009); Clark v. Zant, 247 Ga. 194 (1981). However, a defendant cannot, in the middle of trial, assert his right to represent himself. Thaxton v. State, 260 Ga. 141 (1990). A defendant's right to counsel may not be insisted upon in a manner that will obstruct the ordinary procedure in courts of justice and deprive judges of the exercise of their power to control the court. Lynd v. State, 262 Ga. 58 (1992).
A defendant does not have the right to represent himself and also be represented by an attorney. Therefore, pro se filings by a defendant who has a lawyer are unauthorized and have no legal effect. Tolbert v. Toole, 296 Ga. 357 (2014).
Complaints concerning attorneys should be directed to the State Bar of Georgia, 104 Marietta St. Suite 100, Atlanta, Georgia 30303, (404) 527-8700.