The Sixth Amendment gives us the right to represent ourselves in court — but should we? After all, the Supreme Court argued in Martinez v. California that a do-it-yourself defense “is usually a bad defense.” The more complex the case, the truer this idea becomes. Tossing a football in the backyard is one thing, but acting as our own attorney in a court case is like being plunked into the Super Bowl.
Knowing the Rules
Representing one’s self in court means knowing the rules, but how many people have memorized the grounds for excluding evidence or the difference between “no contest” and “not guilty”? There are many other procedures that must be followed in a court case, and you can’t expect the trial judge to help you. In fact, some judges become frustrated with self-represented attorneys when they struggle to practice normal procedure. You could lose based on your own failure to work with the rules that a professional attorney already knows.
Keeping Cool
Even in simple, personal disputes with family or friends, it can be hard to see the other person’s side with an open mind or admit to the weaknesses in one’s own argument — if there is even an awareness of what those weaknesses are. Among other skills, an attorney can provide cool-headed insight unclouded by emotion. More strategically, an attorney can realistically assess the value of your case and advise whether or not a plea bargain might be wiser than a trial. Though you might believe your case is a slam-dunk; the judge may not agree.
The Social Factor
Another crucial element that few non-lawyers may take into consideration is the social factor of being an outsider to the court system. How responsive will a particular judge be to a specific aspect of the case? What line of questioning would likely be productive in cross-examining a police officer who was already on the witness stand? Practicing attorneys not only know the law but also are personally familiar with the people who enforce and practice it. That’s a quality most of us simply can’t possess without being lawyers.
What an Attorney Can Do
Beyond knowing laws and procedures, an attorney can do so much more:
- Explain your rights to you clearly and simply.
- Analyze the strengths and limitations of your case.
- Prepare and file complex paperwork on time.
- Stop you from self-incriminating yourself.
- Prepare a strong courtroom defense.
- Effectively cross-examine witnesses.
All of this intense preparation takes many hours that most people who work full-time simply don’t have, especially since much of the work representing one’s self would be spent figuring out what to do, where to go, and when to be there.
The Best Reason: Losing Hurts
Face it: you might be representing yourself, but the other side will probably hire a criminal defense lawyer DC trusts. In that event, you’re likely to lose simply because the other attorney will be a legal professional while you would be learning on the job. In one 2004 study from the Board of Immigration Appeals, for example, people who represented themselves were successful only 10% of the time. Different cases have different outcomes, but depending on your case and state, you might have to pay for the winning side’s legal fees. In the final analysis, most people might consider representing themselves as a way to save money, but this reasoning may be a case of “penny wise, pound foolish.” Bottom line, hiring a lawyer to represent you in court is almost always a wise investment of time and money.
Thanks to our friends and contributors from The Law Firm of Frederick J. Brynn, P.C. for their insight into drugged driving cases.