Should You Handle Your Own Criminal Case?

by Keith Preston on March 30, 2010

There is a saying in regard to a lawyer who attempts to represents himself.  ” An attorney who represents himself has a fool for a lawyer AND a client”.  The rule against self representation applies to everyone, including lawyers, so it is not just a question of knowledge.

The answer to the question in general is “No” you should more than likely not attempt to handle handle your own criminal case.

Misdemeanors Can Have Serious Consequences Too

If you are charged with a felony, the answer is “Absolutely Not“.  There are many misdemeanors and other less serious charges that you also should not attempt to represent yourself on becasue of the far reaching ramifications that can flow from such charges such as DUI, possession of personal use marijuana, etc.  You should ALWAYS use a lawyer for these type charges.  Many times there are diversion programs and other means to resolve a charge that do not involve a conviction.  It is not the prosecutor’s job to tell you about these things or to get you into them.  Some will do it anyway but the majority will not.

Your Lawyer Is Your Negotiator

The main reason – other than the obvious skill, knowledge and expertise honed by practice – to use a lawyer is that the type of negotiation that has to take place in this type situation is best accomplished between disinterested parties.  By disinterested I mean detached.  If you are negotiating on the amount of jail time or a fine it is best not to do that with the person that is actually going to serve the jail time.  If you are trying to convince the prosecutor that a defendant is basically a good guy that made a mistake or that has learned his lesson, it is easier to do that if you are not talking about yourself.  It has more credibility.

Credibility

Also, prosecutors know the defense attorneys.  You will gain credibility with the prosecutor by your story being represented by a lawyer that they have dealt with and know.

Feel free to contact me to discuss this subject further.  Thanks for reading.

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