Does Self-Representation in a Criminal Case Ever Make Sense?
You might forego a defense lawyer in a criminal case in a few situations.
There are many reasons why some defendants may wish to represent themselves in a criminal trial. Although it is usually wise to get a defense lawyer, sometimes it's not necessary. The key to deciding if you need a lawyer is to look at the punishment you'll face if convicted. The harsher the potential punishment, the more important it is that you are represented by counsel.
Why Some Defendants Want to Represent Themselves
Defendants may choose to represent themselves for a variety of reasons:
- Some defendants can afford to hire a lawyer, but don't do so because they think the likely punishment is not severe enough to justify the expense.
- Some defendants may plan to plead guilty to an offense whose sentence never varies, and they realize that hiring a lawyer will do them little good.
- Some defendants believe (often mistakenly) that an attorney who represented them previously was not competent, and figure they can do just as well on their own.
- Some defendants believe that lawyers are part of an overall oppressive system and seek to make a political statement by representing themselves.
- Some defendants who are in jail awaiting trial can gain privileges through self-representation, such as access to the jail's law library.
- Self-represented defendants are not bound by lawyers' ethical codes. This means that a defendant who represents himself can delay proceedings and sometimes wreak havoc on an already overloaded system by repeatedly filing motions. However, this approach is not recommended because it often backfires.
Choosing to Represent Yourself
While it's not usually a good idea for a criminal defendant to represent him- or herself, it may make sense in some situations. The most obvious rule is that the less severe the charged crime, the safer it is for a defendant to self-represent. For example, defendants charged with minor traffic offenses or shoplifting may get by without hiring an attorney, while defendants charged with violent offenses or felonies should rarely be without one.
 | Can a 'no contest' plea bite you later in life? |  |
Some crimes have sentences that appear relatively minor, but the conviction may have serious repercussions later. For example, convictions for some vehicular offenses may result in increased insurance rates. Or, if the defendant reoffends, the sentence for the second conviction may be much more severe than the first offense. So before deciding whether to hire an attorney, defendants should try to learn what the punishment is likely to be if they are convicted, both immediately and in the future (if the defendant is arrested or convicted for a similar crime), and whether there are collateral consequences, such as insurance rate hikes.
|
|
