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November 25, 2020Acting as one’s own attorney is something that is often mocked and rarely encouraged in the United States. A judge must find you competent to represent yourself before you can actually act as your own attorney. If you are found incompetent during or after a trial in which you have represented yourself, a mistrial may be declared. It may not be a good idea to represent yourself.
How a Judge Determines Competence
The courts to refer a person who is representing themselves as “pro se” or “pro per,” which means, “for one’s own person,” in Latin.
A judge we’ll look at a person’s level of education and their familiarity with English and determine if they can represent themselves. They also take the seriousness of the crime into consideration.
if a person understands that they are waiving the right to an attorney and they understand basic court proceedings, a judge is likely to grant them the right to represent themselves.
However, when it comes to being charged in felony, legal experts suggest that working with an experienced attorney is the best option. Building a criminal case, gathering facts, evidence and coordinating with witnesses is not something that you will find easy when you are charged with a crime. For information on choosing the best criminal attorneys, read more
Famous Defendants Who Have Represented Themselves
On Christmas Eve of 1969 Charles Manson, America’s most famous murder provocateur was granted permission to represent himself in court. In spite of the fact that Mr. Manson was undeniably articulate and charismatic, he was not mentally stable. After arriving in court with an X carved into his head and making a mockery of the trial, he ended up being represented by the attorney, Irving Kanarek.
The bawdy but profound comedian Lenny Bruce defended himself when he was charged with obscenity. The comely law student and serial killer Ted Bundy acted as his own attorney as well. As well-spoken, educated, and passionate as these men might have been, they still both lost their cases as have many famed defendants who represented themselves.
Why it is Not a Good Idea to Represent Yourself
Although the opportunity to argue your own case in court and prove yourself innocent might seem appealing, there are a few reasons why it is not a particularly good idea. Representing yourself in a criminal trial is much different than representing yourself in a civil case. If you lose a civil case, you may just have to pay money. In a criminal case, you may end up having to pay with years of your life if you lose.
You would have to understand court proceedings as well as an attorney. The judge was a lawyer once and went to school where they studied the law for many years. They will not give you a break because you are not an attorney. The judge and their staff are not going to be able to help you or coach you in any way.
If you represent yourself you may be too emotional because you are so close to the case. Facts and arguments that you believe will help your case may actually end up being used against you.
Not only will a professional such as lawyer Julian Stroleny be well-versed in the laws of your state, but they will also have experience representing people who have been accused of similar crimes.
It is very frightening to be accused of any crime. Your freedom is very important, and it is worth hiring a trained attorney to defend you.
Authoritative Sources:
https://abcnews.go.com/US/slideshow/photos-infamous-defendants-represented-17376177/image-17376208