Your Right to Represent Yourself in a Criminal Case

Defendants cannot represent themselves unless a judge determines that they are competent to do so. The community as a whole has an interest in achieving justice. A trial in which an incompetent defendant self-represents does not constitute a fair trial.

Is Self-Representation in a Criminal Case Ever a Good Idea?

As a general rule, the less severe the charged crime, the more sensible self-representation may be. Defendants charged with minor traffic offenses should rarely hire an attorney; defendants charged with serious misdemeanors and felonies should rarely be without one.

Working With a Criminal Lawyer While Representing Yourself

It's not unheard of for a defendant considering self-representation to seek out an attorney willing to serve as a legal coach. The idea of a legal coach is to combine an attorney’s knowledge with the defendant’s time. Because a defendant pays only for the periodic use of the attorney’s time, the cost of a legal coach should be far less than turning a case over to a private attorney.

The Death Penalty and the Right to Self-Representation

On November 5, 2009, Army psychiatrist Nidal Hassan opened fire at Fort Hood, Texas, killing 13 people and wounding another 31. There isn’t much doubt about these facts since, when representing himself at his August, 2013 trial, he admitted them.

Does Self-Representation in a Criminal Case Ever Make Sense?

There are many reasons why  defendants may  wish to represent themselves in a criminal trial. Although it is usually wise to get a 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.

Can my friend or relative represent me in my criminal case?

Only licensed attorneys can represent defendants in court. For example, one spouse who is not a lawyer can’t represent another spouse, and a nonlawyer parent can’t represent a child. No matter how much a defendant trusts and respects a relative or friend, defendants must choose between self-representation and representation by an attorney.

What is a “pro se” or “pro per” defendant?

Judges and lawyers typically refer to defendants who represent themselves with the terms pro se or pro per (taken from “in propria persona”).

How do I find out what a likely sentence is for a given criminal charge?

I've been charged with a crime and I'm not sure whether I should hire a lawyer. I want to know what kind of penalties might be included in the sentence if I'm convicted. How can I find out?