Self-representation generally refers to an individual’s constitutional right to represent themselves in a criminal case instead of being represented by a court-appointed attorney. Self-representation is also commonly referred to as being “pro se” or “propria persona,” both of which mean “on one’s own behalf.”
Criminal law is the set of laws that address behaviors that are considered to be an offense against society, the state, or the public. An individual who is convicted of a crime will be forced to pay criminal fines and may also be sentenced to jail or prison time. However, regardless of if someone is being charged with a serious or minor crime, the accused still has certain constitutional rights.
Every state has its own set of criminal laws. However, there are certain constitutional rights provided by the U.S. Constitution that apply to every defendant in every criminal case, no matter what crime they are being charged with or where the crime occurred.
Examples of constitutional rights include:
- Right To a Speedy Trial: The Sixth Amendment gives the criminal defendant the right to a speedy trial. This is done in order to prevent an accused person from being kept in jail for extended periods of time without adjudication;
- Right To a Jury: Additionally, the Sixth Amendment guarantees the right to a trial by jury. While many jurisdictions allow the defendant to waive a jury in favor of a bench trial, this is the defendant’s choice only and only applies to criminal prosecution, as civil trials have their own rules regarding jury rights;
- Miranda Rights: Miranda Rights give the criminal defendant access to an attorney, whether or not they can afford one to aid in their defense; and
- Protection Against Self-Incrimination: Also known as “pleading the fifth,” this constitution protects a defendant from testifying against their own interest;
- Right to an Attorney: The Sixth Amendment guarantees, among other things, the right to an attorney if an individual has been arrested.
- Importantly, a person’s right to an attorney helps ensure that they receive a fair trial, so law enforcement must inform suspects that they have the right to an attorney and that an attorney will be provided for them if they cannot afford one.
Importantly, the Constitution also guarantees that persons who have been charged with a crime may also refuse the help of an attorney and represent themselves. In fact, in a 1975 United States Supreme Court case, the court confirmed that the Sixth and Fourteenth Amendments of the Constitution guarantee a criminal defendant the right to self-representation.
What Should I Know Before Deciding to Represent Myself?
In criminal cases, it is generally advised that an individual avoid representing themself. Once again, even if an individual cannot afford a private lawyer, they still have the constitutional right to the counsel of a public defender. In fact, one advantage of utilizing a public defender is that they generally have much more trial experience than a private criminal defense attorney.
It is also recommended that parties in civil law should avoid self-representation in many cases, including highly emotional family law cases, such as divorce or child custody, bankruptcy matters, or tax cases.
In general, pro se defendants have a lesser chance of winning their case than if they were represented by a qualified attorney. As such, before deciding to represent themselves, criminal defendants should consider the following disadvantages associated with self-representation:
- Lack of Training and Knowledge: Most criminal defendants are not adequately trained in the law to represent themselves, as most criminal defendants lack the knowledge of how to argue a case and will also be unfamiliar with common criminal procedure requirements that courts impose
- It is also important that pro se defendants will typically not be knowledgeable in case resolution strategies. For example, raising affirmative legal defenses or arguing for alternative criminal sentences for misdemeanors and felonies, such as probation;
- Inferior Argument Skills: The average person will generally find it difficult to argue if they lack training in communication and argumentation skills;
- Bias: Pro se defendants will generally have inherent bias because they cannot look at the case from the other party’s position, while lawyers are trained to think in terms of the best case strategy and arguments to present; and
- Delays: Because many self-represented criminal defendants are unfamiliar with court and case rules and procedures, this may cause delays with case resolution or even sanctions against the defendant.
How Can I Learn About My Potential Criminal Sentence?
The best way to learn about a potential criminal sentence is to contact a criminal lawyer. An experienced lawyer will be able to inform you about potential consequences of conviction. Each state has different criminal laws, but a local lawyer in your area can inform you of your rights.
Why Shouldn’t a Criminal Defendant Represent Herself?
In addition to all of the above disadvantages of self-representation, judges will also treat pro se defendants the same way that judges treat attorneys. This means that if a criminal defendant decides to undertake self-representation, the court will expect them to:
- Meet all deadlines;
- Attend all hearings;
- Fill out all proper forms;
- Follow the rules of the court;
- Abide by the rules of evidence;
- Understand legal language; and
- Speak on their own behalf in a formal setting.
This means that an individual representing themselves may fail to properly raise objections, present evidence, or properly argue for legal defenses that may have assisted them in their criminal case.
Where Can a Criminal Defendant Representing Herself Find Legal Information?
Generally speaking, there is a vast amount of legal information that is readily available to criminal defendants who are representing themselves. This is because the internet has many self-help guides for individuals who have chosen to represent themselves. Additionally, specific criminal statutes are often linked to outside sources that serve as a guide to creating a proper legal defense or case against those charges.
Can a Self-Represented Individual Still Pay a Lawyer for Advice?
In short, yes. A self-represented criminal defendant can still hire a lawyer to assist in their pro se defense. An experienced attorney can help review documents and prepare the pro se defendant for the various hearings associated with a criminal defense.
However, not all attorneys are willing to do this. For example, if a lawyer gives advice and the self-represented defendant misunderstands that advice or uses it incorrectly, that lawyer may be professionally liable.
Where Is Self-Representation Most Common in Criminal Law?
The reality of the legal world is that self-representation is oftentimes necessary. For example, it may be difficult for an individual to justify paying for an attorney’s time in order to dispute a minor traffic or other written violation.
As such, self-representation is often most common in criminal cases that are statutory violations, such as in traffic court. In many types of proceedings, the system is specifically designed to be accessible to non-lawyers. Examples include small claims court, traffic court, and certain administrative hearings.
In the above matters, not only would going pro se be a viable option, but it is often the only option, as some of these proceedings do not even allow representation by lawyers. However, the more severe the criminal offense and punishment, the more important it is that a defense lawyer is utilized.
Does a Self-Representing Defendant Really Need a Lawyer?
As mentioned above, the decision to proceed as a pro se defendant is almost always risky. An individual may choose to represent themselves pro se. If so, their success will depend on their own knowledge of the law and whether or not they can argue their claim or defense in the proper way. At the very least, an individual should request an initial consultation with a criminal defense lawyer to determine what type of representation and legal strategies best suit their case.
What if I Later Decide I Need an Attorney?
If a person attempts to represent themselves but later decides to hire a lawyer, they may do so. However, either the person or the attorney must notify the court of the change in representation. In some circumstances, the individual may need to ask the court for permission to do so. Additionally, the legal process will continue from where the case left off. This means that the case will not restart simply because the self-represented person changed their mind about hiring an attorney.
Should I Seek Legal Advice?
As can be seen, the decision to proceed as a pro se defendant is not commonly the best decision for misdemeanor or felony charges. A criminal lawyer is often essential in helping a person charged with a crime build a solid legal defense and avoid the criminal punishments that are attached to the criminal charges brought against them.
As such, if you have been charged with a crime, it is in your best interests to consult with an experienced criminal lawyer. An experienced criminal lawyer will ensure that your criminal rights are protected and will also be able to represent you in court, as needed, throughout the criminal process.
