The Dangers of Representing Yourself in a Criminal Case

If you’re facing criminal charges, you may be worried about the cost of hiring a criminal defense attorney. You may even be thinking about representing yourself. After all, it’s free, right? 

While representing yourself – or as lawyers call it, appearing “pro se” – is free, remember the old saying: “You get what you pay for.” Even the simplest criminal case involves intricate laws and rules. A person who doesn’t know these laws and rules is more likely to lose. And in a criminal case, a loss will cost you more than money – it can cost you your freedom. 

Read on to learn more about why representing yourself in a criminal case is a bad idea. 

Can I Represent Myself in a Criminal Case?

You have the right to represent yourself in any criminal case. In Faretta v. California, the U.S. Supreme Court held that criminal defendants must be allowed to represent themselves if they wish. So, everyone has a constitutional right to act as their own attorney.

Is It a Bad Idea to Represent Myself in Court?

In the movie “Jurassic Park,” Dr. Ian Malcolm says that the scientists involved with the park were “so preoccupied with whether or not they could that they didn’t stop to think if they should.” The same logic applies to representing yourself in a criminal case. While you have the legal right to do so, whether you should is another issue altogether. 

People who represent themselves in criminal cases are more likely to lose. A recent study found that pro se criminal defendants were convicted 94 percent of the time. This rate was significantly higher than the rate for those who had attorneys. Bottom line: hiring a lawyer can be the difference between going to jail or going home. 

In addition to the ultimate outcome, defense lawyers have skills and knowledge that can help you throughout a criminal case. Here are a few examples. 

• Lawyers know how to write. In movies and television, lawyers are always making grand courtroom speeches. But in real life, courtroom appearances are rare. Lawyers spend most of their time writing. Words are so important to lawyers that judges often decide issues based on the written documents without even inviting the parties to argue in court. If you aren’t a confident writer or you don’t enjoy writing, representing yourself may not be ideal. 

• Lawyers know the law – and how to use it. You may think that learning the law is simple. After all, you can find legal cases for free on the web. However, lawyers not only know how to find cases, but also know which cases are most likely to persuade a judge. If you don’t have this knowledge, your “perfect” case may convince the judge as much as an Instagram post. In a 2010 survey of judges by the American Bar Association (ABA), 77 percent of civil and criminal judges complained that pro se defendants often failed to make credible legal arguments. 

• Lawyers know how to find evidence. After your arrest and arraignment, the case will proceed to a phase called discovery. During discovery, each party in a case exchanges information and evidence with the other side. Discovery is crucial in criminal cases. Prosecutors are required by law to turn over any evidence that might help your case. However, most pro se defendants don’t know how to handle discovery. A study of federal civil and criminal judges by the Federal Judicial Center (FJC) found that 33 percent of judges reported that “most or all” pro se litigants had difficulty with discovery.

• Lawyers know how to use evidence. Judges also expect litigants to know which evidence matters. One of the first lessons law school students learn is how to tell which facts matter and which do not. Ninety-four percent of the judges in the ABA study complained that pro se defendants did not present helpful evidence.

• Lawyers know the rules. The law isn’t the only thing that lawyers are expected to know. There are specific rules that outline important things like when and where motions should be filed. While these rules may not seem crucial, judges will expect you to follow them. (And they won’t give you a pass because you didn’t go to law school.) Failure to follow courtroom rules can lead to the court rejecting your submissions or worse. In the FJC study, judges said that 45 percent of pro se parties regularly have trouble meeting court deadlines and another 51.7 percent occasionally struggle to comply with court timelines. 

• Lawyers know judges. After practicing for a few years, lawyers get to know the people who work at the courthouse. They know which judges tend to give harsher sentences and the types of arguments that persuade each judge. They use this information for their clients’ benefit. 

• Lawyers know how to negotiate plea deals. According to several studies, pro se defendants are more likely to reject plea deals. However, plea deals can be helpful in many cases. Additionally, defendants who go to trial are more likely to get lengthy sentences. A Marin County defense lawyer can advise you on the pros and cons of any plea deal you might be offered. 

• Lawyers know how to operate at trial. Trials look like fun on television, but in reality, trials have lots of rules that must be followed at every stage from choosing the jury to challenging the verdict. However, people without attorneys often struggle to learn and apply these rules. For example, objections at trial are important. If there isn’t an objection at trial, a higher court generally can’t consider the issue on appeal. But the judges in the FJC study saw self-represented defendants struggle with objections often or occasionally in over 75 percent of cases. 

Lawyers can provide help at any stage of a criminal case. 

Get Help With Handling Your Criminal Case 

Lawyers spend years developing useful knowledge, skills, and relationships. A non-lawyer simply can’t acquire these traits overnight. If you decided to represent yourself and are having second thoughts, the good news is that you can change your mind and hire a Marin County defense attorney. 

If you need legal representation in a criminal case and don’t want to go it alone, contact Brownstein Law Group. Our attorneys have experience handling a wide range of criminal cases, including driving under the influence (DUI), assault and battery, and theft. To learn more about how we can help you in your time of need, call 415-795-9059 or use our online form to contact the Brownstein Law team today.