You may have seen enough courtroom dramas to think you have what it takes to represent yourself in a court of law. The confidence and oratorical skills of Alan Shore or the profound procedural understanding of Alicia Florrick may compel you to believe that the big or small screen was enough for your legal education. And, even if the law itself allows you to represent yourself in court, it is never a good idea. Let’s see today why that is!
1. You Lack the Proper Knowledge and Practice
A dressy suit, a polished legal vocabulary, and your ability to gather documents might help you with your cause. Still, no matter what Hollywood or TV series taught you, regular people do not have the necessary amount of knowledge and practice to represent themselves, especially in criminal courts.
Even if you understand your situation well, a criminal case requires you to know not only the law but the procedures as well. While most people can handle an arraignment and enter a plea (of not guilty) without a lawyer present, from that point on, you need to navigate not only the law but the court system as well.
Some areas of the criminal law are so complicated you might need to hire entire teams of lawyers to make a case for you, not a single court-appointed defense attorney. Self-representation in felonies, theft, fraud, etc. will most likely lead to your losing. In grave matters, such as violent crimes, judges will not even allow you self-representation. Unless you can prove that you know the rules of evidence, legal precedents, when and how to object, how to question witnesses or experts, conduct a cross-examination, etc., few criminal courts will allow you to stand alone during a trial.
2. You Can Incriminate Yourself Further
Since you do not have the proper knowledge and experience with criminal cases or the law in general, you risk saying things that will further hurt your case and incriminate you even more. Some facts that you might state could, in theory, support your claim but no be, in practice, legal defense venues to prospect. It is best to consult and have a criminal attorney represent you in criminal court. Discuss things properly with your lawyer and let the experts do their job.
3. You Don’t Have the Manpower to Build Your Defense
If courtroom dramas taught us something, they taught us that the paperwork, the entire process of research and discovery, and the drafting & filing of documents could make or break a case. Law firms have tens, if not hundreds of attorneys, paralegals, and assistants putting in hundreds of hours into a single case.
According to Bader Scott legal experts, time is of the essence in any criminal law matter. But timing also refers to an investigation, contacting expert witnesses, preparing documents, talking to the Police and the D.A., going through settlement options, filing motions at the right times, researching for legal loopholes, preparing witnesses, and more. At the same time, you have to formulate opening statements and getting a grip on your emotions.
Missing just one step in the labyrinth that is the justice system may very well mean going back to square one, risking to have your case dismissed without the option to refile.
A study found that a self-represented litigant must perform almost 200 discrete tasks only to make a civil case. Most of these tasks mandate specialized knowledge of the law and the court system. If you think you could self-represent in a criminal matter, safely assume that those discrete tasks double in number and difficulty.
4. The Court and its Staff Will Not Help You
If you rely on the court to give you a hand with your defense, you cannot be more wrong. The law prohibits judges, court staff, and all clerks to provide you with legal advice. Even if they could or wanted to, court clerks are too busy to assist you in filling out forms or properly filing documentation. Most judges in all the courts across the country will explain to you your rights and will encourage you to find the proper criminal attorneys to defend you, but this is the extent of the help they can offer.
5. You Have Low Chances of Success
Statistics show that self-representing litigants have low chances of success in both civil and criminal courts. The lack of knowledge and experience, the lack of help from any part, the inadequate settlement you might have to accept for the lack of better options, and your emotions clouding your judgment and performance are all factors that eventually lead to your case’s failure.
In the movies, they teach you that if you do not afford an attorney for a criminal matter, you will get one either way. In truth, that lawyer probably has to juggle tens of cases at the same time. Still, it is a better choice than representing yourself, no matter if you are dealing with a DUI, a misdemeanor, or a violent crime.
Bottom Line
The sad truth is that not many people can afford attorneys the likes of Alicia Florrick, Alan Shore, Bobby Donnell, Perry Mason, or Ben Matlock to defend them in civil or criminal cases. However, in criminal cases, the court will appoint you legal assistance. Still, millions of Americans are alone in their fight for their rights.
The justice system does due diligence of providing support to people who cannot afford an attorney. The Self-Represented Litigation Network advocates for change in how we approach civil lawsuits so people “would no longer need to face some of life’s most difficult challenges alone and without help.”
Moreover, looking into Legal Aid or asking for pro bono services with organizations or even law firms is still the better choice than self-representation. You may not know this, but the American Bar Association recommends all attorneys to donate several hours of pro-bono legal services each year. Even some state or city bars require lawyers to contribute some of their time to free legal assistance. They will choose to represent you or not, but it is worth a try before you stand in a criminal court alone.