It’s no secret that legal cases can be expensive. The cost of hiring an attorney alone can be a huge price tag, and it’s just one of the reasons that many criminal defendants consider representing themselves.
In other situations, these defendants might think they genuinely can do a better job than a lawyer can, or don’t consider the punishment at hand worthy of the cost of an attorney. It’s usually wise to get a criminal defense attorney and forgo the right to self-representation. But not always, and there are a few exceptions to the rule.
Read on and we’ll walk you through what you need to know about self representation during criminal law cases.
Reasons Why Defendants Choose Self Representation
There are a lot of reasons why criminal defendants make the decision to forgo the help of a professional attorney. Not all the reasons are of the most sound logic, however.
A criminal defendant might balk at the price tag attached to an attorney. Good attorneys charge a lot of money for their time, and depending on the length of a case, this can become quite expensive.
In some cases, a defendant does have the money to hire an attorney but might consider the punishment at hand too mild to justify the cost. Even if they lose the case, they’d rather pay the punishment than have to pay the high price of an attorney.
Some defendants genuinely believe they can navigate the ins and outs of the law process all on their own. They think that they can handle the complications of the courts and will be able to present themselves in the best light. This is usually not proven to be true, but more on that later.
Some people find the court system to be oppressive in general, and the move to self represent is seen as something of a political statement. Again, this does not tend to play out well in the long run.
When It Makes Sense to Represent Yourself
Of the above reasons, the time it makes the most sense to represent yourself is when the charge you have against you is not that severe. For example, you likely don’t need to hire an attorney to handle a parking ticket dispute in traffic court.
Other minor offenses, like shoplifting, might be okay to work through without an attorney on your side. It can still be difficult to keep up with the requirements and paperwork that the justice system requires, but even if you do face the punishment it’s not that serious.
Individuals facing much more serious charges for more serious crimes should really strongly consider having an attorney represent them. These kinds of criminal law cases require strong strategy and organization and likely won’t be handled well by a person without legal experience.
The difficulty with this way of thinking is that it is often not clear what the punishment for a certain crime might be. Sentencing practices can vary greatly from place to place and from situation to situation. You might anticipate a punishment to be mild only to find out that things might end up being might more severe than initially imagined.
An experienced attorney could do a better job of predicting what the likely punishment might be for the crime at hand.
Reasons Not to Represent Yourself
There are many reasons not to go with self-representation when it comes to a criminal case. First off, it is likely that the stakes of the case are very high. A person facing criminal charges might have to pay very high fines or be put behind bars if they are found guilty.
Failure to succeed can mean very bad things. It’s not a time to make a risky move, it’s a time to do your best to get the best sentence possible.
An attorney has spent years studying the law and likely has gone through cases like yours numerous times in the past. They know the ins and outs of the court system and may even have existing relationships with the judges who will be handling your case.
They are in the best position to direct your case and present you in the best light to the judge and jury. Often, criminal cases aren’t about guilty or not guilty at the end of the day, they are about presenting an individual and the evidence in the correct light in order to mitigate the harshness of a sentence.
Even if you know the facts of your case, you might not be able to handle the strategy necessary.
There is also a more logistical area that needs to be considered. The court system is complicated and requires huge amounts of paperwork to be filed correctly and by the proper deadlines. An attorney will be very familiar with both this work and the times in which it needs to be in the hands of officials.
If you, representing yourself, fail to properly fill out these forms or turn in things late, it could jeopardize your case completely. It’s better to rely on an experienced professional so you don’t sink your case before it even starts. Yes, you have the right to represent yourself, but it doesn’t mean it’s something you should necessarily do.
When Is It a Good Idea to Represent Yourself?
Many people consider self representation once they get a look at the price tag of a good attorney. Still, in most situations, hiring an attorney will be the right move in preparing for a criminal case.
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