If you’re debating whether or not you need a lawyer to face criminal charges, the answer is yes. However, if you’re not quite convinced, and you’re thinking it might be okay to represent yourself, here are some things to consider.
Lawyers negotiate charges and sentences
You need a criminal defense lawyer to get a favorable case outcome. If you try to represent yourself, you’ll be so overwhelmed with the technicalities that you’ll struggle to present your case.
When you’re not a lawyer, the court system is confusing, complex, and intimidating. If you do anything wrong, even just filing a motion incorrectly, you’ll stall your case and frustrate the judge. The judge isn’t obligated to help you, and you will be on your own. Knowing this, it makes sense that around 80-90% of people who represent themselves lose their case.
When you’re facing criminal charges, losing your case is about more than just being formally charged instead of having your case dismissed. There’s a chance you might end up being charged with or without a lawyer. However, you truly lose when you don’t have a lawyer to fight for your rights, call out illegal processes, and negotiate a plea bargain on your behalf. You lose when you get handed the maximum sentence, not realizing a lawyer could have reduced your charges, cut your prison time down significantly, and reduced your fines.
Building and presenting your case takes skill and experience
You might not realize until it’s too late just how difficult it is to build a solid case and present it convincingly in court. Attorneys spend many hours gathering evidence, researching case law, and finding the best angle to come from to defend their clients.
The prosecutor will want to throw the book at you, and it’s not going to be easy to defend yourself when you’re up against a legal professional. It’s like playing chess for the first time against a Grandmaster – you’re going to lose. Prosecutors want to win, and that requires getting you convicted. They will do everything in their power to make that happen, and since you won’t know the law, you won’t know how to handle it if they’re being shady. It’s just not wise to go it alone.
You’ll be too emotional
It’s going to be extremely difficult to defend yourself when your emotions are heightened and you’re stressed out at the same time. It won’t be easy to hear certain things in the courtroom, and you could get triggered at any moment. Unfortunately, if you react emotionally, out of turn, or disrespectfully, you might get held in contempt of court or the judge might decide not to be lenient with you at all.
Trials are complicated
The last thing you want to do is represent yourself in a jury trial. While you do have the legal right to represent yourself and have a jury trial, that doesn’t mean it’s always the best route. Only an attorney can tell you what’s ideal for your situation.
If you choose to represent yourself, there’s a good chance you might unknowingly reject a good plea bargain and take your case to trial, thinking you’ll get a better outcome. Not only will this make your legal situation even more complicated, but depending on your charges, it could get you convicted of a crime that would have been dropped had you accepted the plea bargain.
Criminal court is not the same as civil court
Many people believe it’s easy to defend yourself in criminal court because they’ve had a successful and smooth experience in small claims court, where they weren’t allowed to bring in a lawyer. This is a huge mistake. There is a big difference between criminal and civil court, and the stakes are much higher when you’re facing criminal charges. For example, there’s a formal process for presenting evidence during a trial, and it’s not the same as providing a judge with evidence in small claims court.
No matter how successful you’ve been in civil matters, don’t let that shape your belief that you don’t need a lawyer.
Don’t try to represent yourself – get an attorney now
It doesn’t matter if you hire a private attorney or take a defense lawyer offered by the state. What matters is that you are properly represented by a legal expert when you face your charges.