Why You Shouldn’t Represent Yourself in a Criminal Case

Anyone charged with a crime in the United States has the legal right to represent themselves. But, it is rarely a good idea. The United States criminal legal system is an adversarial one that operates under the principle that a person can only be convicted if they are proven guilty beyond a reasonable doubt. This is the highest burden of proof in the American legal system. But, you must understand the odds and what you will face if you try to represent yourself in criminal court.

Criminal law is complicated. Your case will be governed by strict and nuanced rules of procedure and evidence. Most judges enforce these rules rigorously, even in cases where a defendant represents themselves (known as appearing “pro se”). You will face a highly-trained prosecutor who has graduated law school, passed the bar exam, and likely has years of experience trying criminal cases. By representing yourself, your odds of winning decrease significantly.

If you were charged with a crime in Southern Utah, we strongly recommend hiring a professional. Our attorneys can objectively assess your case, help you evaluate your options, and mount a vigorous defense.

Pitfalls of Representing Yourself in Court

There is an old saying that a person who represents themselves in a criminal case has a fool for a lawyer and a fool for a client. There are several reasons why you shouldn’t represent yourself in a criminal case.

Little Knowledge of Criminal Law and Court Procedures

If you need surgery, you want to find an experienced surgeon with experience performing the procedure you need. The same thinking applies when you face criminal charges. You want someone who knows the system and its rules, has been there before, and can provide objective advice to help you obtain an optimal result.

Legal proceedings are highly structured with strict deadlines and nuanced rules of procedure. In addition to needing to know and understand the substantive law(s) you are accused of violating, you will be expected to follow complex and nuanced evidentiary and procedural rules. You need someone who understands the applicable substantive and procedural laws and can leverage both to obtain an optimal result.

Experienced Opposing Counsel

When you are charged with a crime, you will face a prosecutor who has graduated from law school, passed the bar exam, and spent years learning the nuances of the criminal legal system. With minimal experience and little insight into the legal system and how it works, you are highly unlikely to be able to obtain an optimal outcome in your case.

Lack of Legal Experience

A criminal defense lawyer has spent years attending law school and studying to pass the bar exam. We studied, learned, and applied complex substantive laws and rules of procedure and evidence that apply in a criminal case. We know how to identify and exploit any legal ambiguities or other ‘loopholes’ that can be used to your advantage. We have excellent negotiation skills and spend our days in court negotiating with judges and prosecutors. And we know how to build and prepare a case that will best suit our client’s needs.

Emotional Decision-Making

The legal system is rooted in logical reasoning and sound decision-making. There is little room for emotion. Effective legal representation requires someone who can maintain their objectivity and rationally evaluate the case as it develops during pre-trial negotiations, court hearings, and at trial.

When facing criminal charges, most people are, understandably, emotionally invested in the outcome of the case. They lose their objectivity and cannot plan the most effective trial strategy or evaluate a potential plea bargain.

Even experienced criminal defense lawyers charged with a crime are likely to hire their own legal counsel. When their own freedom is on the line, they value the objectivity, professional advocacy, and specialized expertise of a third party.

Lack of Legal Advice

Judges and other court staff are prohibited from offering legal advice. Doing so would violate the judge’s role as an impartial decision maker and fact finder.

A criminal defense attorney can provide sound legal advice based on your unique situation and that is in your best interest.

Inability to Focus

When you represent yourself in court, you take on two distinct roles as the attorney and the client. Carrying out these roles simultaneously poses unique challenges that can compromise your effectiveness and, ultimately, lead to a bad result.

When you speak in court, you will need to address both the judge and jury. The jury may experience a lack of focus or an unclear understanding of which role you are occupying at a given time in the court proceedings. Acting as the attorney, you may justifiably need to make an argument to make your point with the judge or opposing counsel. But as the defendant, the jury needs to see you as someone calm, cool, and collected. It can be difficult, if not impossible, to occupy both roles at the same time. If you have an attorney, you can focus completely on your role as the defendant and work to convey a calm demeanor to the judge and jury.

Why Choose Douglas D. Terry & Associates

Douglas D. Terry & Associates has been representing people in Southern Utah since 1983. We know Utah law and have unparalleled experience helping people facing criminal charges by providing them with their best defense. We offer the time-tested advice, guidance, and advocacy that only an experienced law firm can provide.

Contact Douglas D. Terry & Associates Today

Douglas D. Terry & Associates is the longest-serving criminal defense firm in St. George and represents people throughout Southern Utah who were charged with crimes. Contact our office to schedule a confidential appointment to discuss your situation and how we can help. Call (435) 628-4411, send a message to email@SouthernUtahDefense.com, or complete our online form.