Advantages and Disadvantages of Pro Se Criminal Representation

After being charged with a crime, a person must participate in several court proceedings to resolve the matter. These may include a trial in which a jury or a judge determines whether the person is guilty or innocent of the crime charged. One of the first things a person charged with a crime should determine is their court representation strategy. Will they hire a private attorney at their own expense, ask for a public defender paid by the government, or represent themselves?

If a criminal defendant chooses to represent themselves in court, this is called pro se representation. Instead of relying on a lawyer for representation and legal advice, a pro se defendant must research and argue their own case in front of the judge and the jury. They must appear alone before a judge at pre-trial hearings and at their sentencing hearing if there is one.

Most lawyers and judges would agree that pro se representation is rarely, if ever, the best decision for a defendant facing a criminal charge. Most people lack the skill and experience to put forward the best defense.

When a defendant has self-representation, they often find they get convicted of the crime charged. If they had had a professional lawyer, their lawyer could have helped them win a not-guilty verdict at trial or a better deal through a plea negotiation.

On the other hand, the right to pro se representation is guaranteed by the U.S. Constitution. The Sixth Amendment to the U.S. Constitution has been interpreted as guaranteeing to criminal defendants the right to be represented by counsel, and also a right to proceed without a lawyer if the defendant voluntarily and intelligently chooses to represent themselves. So, if the defendant chooses to represent themselves in a criminal trial, the court must honor that decision.

How Does a Defendant Make Pro Se Representation Effective?

If a defendant chooses to represent themselves, they need to take the following steps:

• Tell the court that they wish to proceed with pro se representation;
• Establish competency to stand trial. criminal defendants who lack competency cannot represent themselves;
• File the appropriate court paperwork; and
• Meet all court deadlines and case requirements.

Keep in mind that these requirements may be different in different states and in different courts. Additionally, some judges may allow or require a pro se defendant to work with a “standby attorney.” This provides a pro se defendant with a lawyer who is there to help if they need one to step in during a proceeding to help with procedure or arguments.

Many judges prefer this type of representation because it allows a defendant to assert their right to be pro se while still having traditional representation available if things get out of hand.

What Are the Advantages of Pro Se Representation?

While the disadvantages to pro se representation carry more weight in most instances, there may be some advantages depending on the defendant’s situation. These may include:

• Familiarity: Most criminal defendants who choose to go pro se base their decision on a lack of trust in the judicial system. These defendants may believe that they know their cases best and are, therefore, in the best position to provide the best defense;
• Lower Costs: Another common reason a defendant might choose pro se representation is the cost of hiring an attorney. If the defendant does not qualify for a public defender and has to pay for their lawyer, they may want to save themselves the expense of hiring a private attorney. However, even though pro se representation saves money, it also provides a much lower chance of getting the best possible result in their case. Think of the expression, “penny wise and pound foolish;”;
• Strategy Decisions: Having pro se representation means the defendant calls the shots in their defense. This eliminates strategy disagreements between an attorney and client and the defendant feeling pressured to proceed with their case in a certain way. However, pro se defendants must still learn and follow the court’s rules. In addition, if a defendant has a dispute with their lawyer, their lawyer may be willing to go with the defendant’s wishes. It is their case in the end;
• Legal Experience: If the defendant is an attorney or has work experience in a legal setting, they may already be familiar with the judicial system and equipped with the tools needed to defend their case effectively.

What Are the Disadvantages of Pro Se Representation?

Overall, pro se defendants have a lesser chance of winning their case than if an attorney represented them. Before making a representation decision, criminal defendants should consider the following disadvantages of proceeding in a pro se fashion:

• Lack of Knowledge and Experience: The greatest disadvantage of pro se representation is that most defendants are not adequately educated in the law to represent themselves. Most criminal defendants have not attended law school or received any legal training. As such, they will not know how to argue and defend a case. They are likely to be unfamiliar with common criminal procedures that courts employ.
  • For example, if a case goes to trial, the defendant must know how to cross-examine a hostile witness. This is a skill that the best trial attorneys study and practice to do well.
  • In addition, a case may require that certain pre-trial motions be filed, such as motions to suppress evidence. A defendant may not be at all familiar with this type of technicality and may miss opportunities to make important moves that can improve their position in a case. A defendant may know their case, but a lawyer knows the law, legal strategy, and skills;
• Inferior Argument Skills: Although a defendant might have some knowledge of the law, knowledge alone is not enough to win a case and persuade the judge or jury that they are not guilty. Again, the average person usually finds it difficult to argue if they lack training in communication and argumentation skills. Language barriers can further complicate these situations;
• Bias: Pro se defendants will generally have inherent bias because they cannot look at the case from the other party’s position. On the other hand, lawyers are trained to think this way to determine the best case strategy and arguments. Even defendants with legal experience may have trouble getting rid of their bias when representing themselves. It may also be challenging for defendants because they are emotionally involved in their case in a way that a lawyer is not. Emotions can get in the way of rational thinking;
• Delays: Since many pro se defendants are unfamiliar with court rules and procedures, this may cause delays in bringing the case to a conclusion. It can also result in sanctions against the defendant.

Should I Contact an Attorney for Help with Pro Se Matters?

As mentioned, deciding to proceed as a pro se defendant will almost always be more risky than working with an attorney. At the very least, you may wish to request an initial consultation with a criminal attorney or meet with a public defender to determine what type of representation best suits your situation.

You should not take any chances if you are unsure about your abilities. A criminal record is a serious business with important consequences for a person’s life, and it pays not to gamble with a criminal charge.