Representing yourself in criminal court is not a decision to make lightly. Even if your charges are minor, all convictions have lasting consequences. There is no such thing as a minor criminal case.
The purpose of this post it’s not to provide you with legal advice. I repeat; I am not giving you legal advice. The goal is to get you to think about your decision before jumping in to representing yourself criminal court.
#1 Could I go to jail?
When representing yourself in criminal court, you need to understand whether or not you could go to jail if convicted. Losing your liberty is a real risk in criminal court!
Some criminal charges carry mandatory jail sentences. That means, even if you think you can negotiate the case yourself, you’re required to go to jail if convicted.
Other criminal charges may not have mandatory jail sentences, but have mandatory fines or other penalties that could seriously impact your life, such as a driver’s license suspension.
Understanding the possible penalty, if convicted, is important before deciding to represent yourself in criminal court. If you could go to jail, be forced to pay a fine that you cannot afford, or even lose your drivers license, you may want to reconsider your decision to represent yourself.
#2 Do I understand the court’s rules?
When representing yourself in criminal court, you are responsible for knowing the rules of the court. That means you must know things like deadlines to file motions and the rules of evidence. The rules of evidence are very important because they dictate what types of evidence can be heard by the court and how it must be admitted.
You also need to understand the rules of criminal procedure, if there are any, as well as the rules of discovery. For those of you who don’t know, discovery means the disclosure of evidence from each party. Thus, these rules are very important to know!
Some judges will be understanding of a pro se litigant, what we call people who represent themselves, who does not have a full grasp of the rules. But in the end, judges generally make clear that when you were representing yourself, you are held to know the rules just like any other attorney.
Your failure to know and understand the rules, is not an excuse for not following them. If you don’t have a steady handle on all of these rules and procedures, you may want to reconsider representing yourself in criminal court. Prosecutors will capitalize on you not following the rules.
#3 Do I understand the State and Federal Constitution?
Just as you need to understand the court’s rules, you also need to understand the State and Federal Constitution. Both of these documents provide very important rights to people accused of crimes.
Not understanding the rights afforded to you by the constitution can cause you serious harm.
No matter what state you are facing charges in, you will have constitutional rights that protect you against unreasonable searches and seizures, unlawful interrogations, the right to a fair and impartial jury, and access to evidence that tends to prove your innocence (exculpatory evidence), to name a few. Not having an understanding of these rights will hurt you!
If you don’t have a thorough understanding of your constitutional rights, you may want to reconsider representing yourself in criminal court.
#4 Why am I representing myself in criminal court?
This is one of the most important questions to ask yourself before deciding on representing yourself in criminal court. Representing yourself carries a lot of risk, so if you are going to do it, you better understand why.
I have put together several possible reasons a person might give for representing themselves in criminal court. Are these some of the reasons you have? If so, consider my responses:
“I’m innocent so why do I need a lawyer?”
Great question! If you are innocent, that’s all the more reason to get a lawyer! Our criminal justice system is rife with problems, ranging from the “trial penalty” to discovery violations, and worst of all, wrongful convictions.
You need to make sure that the system isn’t railroading you. A lawyer will ensure that you are being treated fairly, have all of the evidence, and can make a knowing and intelligent decision about going to trial or taking a plea deal.
Don’t think that just because you are innocent, a prosecutor is going to believe you, or even be interested in hearing your side of the story!
“I can’t afford a lawyer.”
Stop right there! Money should almost never be an impediment to you getting an attorney for a criminal case. If you could go to jail if convicted, you are entitled under the Federal Constitution to a public defender.
If you don’t qualify and need to hire a private attorney, you should read this article on how to choose a criminal defense lawyer.
“I don’t want to pay for a lawyer.”
I get it. Who has the money to spend on a lawyer? You are struggling financially, and whether you hire someone, or have to pay court fees for a public defender, your money would be better spent elsewhere. Like I said; I get it.
You must understand however that your liberty is priceless. Don’t risk ending up in a cage because you didn’t want to pay for a lawyer!
Even if you don’t go to jail, the social and financial consequences of a criminal conviction can be life altering. You could lose your job, lose future job opportunities, have trouble getting into school, lose your driver’s license, be subjected to harsher penalties down the road, etc.. The list goes on.
Paying for a private attorney or court fees for a public defender is the smartest money you will have ever spend. Remember, the government is coming after you with all of its resources – you need to put up some of your resources to fight back!
“I don’t trust lawyers.”
Again, I completely understand where you are coming from. That is one of the reasons I give you 10 questions to ask your public defender. You don’t have to trust your lawyer immediately.
It is the lawyer’s job to earn your trust, through their advocacy and work on your behalf. But they can’t earn your trust if you don’t give them a chance! And let’s be honest with ourselves; can you trust the prosecutor? Hell no. So lawyer up!
“I can handle this case myself.”
Maybe you can. Maybe you have gone through my list of considerations and are confident in your ability to represent yourself. But just because you can do something, doesn’t mean you should.
Can I remodel my bathroom? Sure, with the help of YouTube and online guides. Should I? Probably not. I could make a mistake that would end up costing me big bucks to fix.
That being said, when you are representing yourself in criminal court, your mistakes could not just result in a financial loss, but also a loss of your liberty!
#5 What do I have to lose by consulting with a criminal defense lawyer?
The short answer is, nothing. You have nothing to lose by consulting with a criminal defense lawyer before deciding whether you will be representing yourself in criminal court.
Consulting with a qualified criminal defense lawyer will pay dividends, even if you decide to represent yourself.
The lawyer will be able to provide you with their unique insights into your case. You will be able to understand their perspectives about whether you could lose at trial, what the case is worth after a plea or a conviction at trial, as well as any legal issues that could work to your benefit.
A criminal defense lawyer can also protect you from making missteps that could hurt your case.
Remember, just because you have a lawyer, that does not mean you are not in charge. You get to decide whether or not your go to trial. You get to decide whether or not to take a plea deal. You get to decide whether or not your testify. And you get to decide, to a degree, what your defense will be.
While there are a number of strategic decisions left to your attorney’s discretion, the big decisions are with you. Not to mention, most attorneys will not make strategic decisions against their client’s wishes.
In other words, if the best defense is to blame your mom, but you don’t want to do that, the lawyer will 99.9% of the time agree not to pursue that defense. And if they don’t, then you can consider finding a new attorney or, as a last resort, representing yourself.
A few final thoughts
After reading all of this, it may seem like I am telling you not to represent yourself in criminal court. That is not so. This is your decision to make, and yours alone.
What I want, is for your to really think about why you want to represent yourself, whether you have the ability, and, after considering all of those factors, whether it is a good idea.
At the end of the day, I think it is almost always a bad idea to represent yourself.
As a private citizen, you don’t know the ins and outs of the system. You will struggle to assert your rights. You may get railroaded by the government due to your inexperience. Courts and juries may be less receptive to your style of self-advocacy. Etc. etc. etc.
As an attorney, I know the ins and outs of the criminal justice system. I know how to assert my client’s rights and shield them from being abused by the government. I have the respect of judges and prosecutors, and I am an effective advocate in court.
Whatever your decision, please think it through!
And don’t forget to check out my 10 tips on hiring a private criminal defense lawyer!
