Why You Shouldn’t Represent Yourself in Court

When you face criminal charges in Wisconsin, you hopefully received your Miranda Rights, which include the right to an attorney. However, some individuals might resist seeking professional legal representation in favor of representing themselves, either to save some money or to sidestep professional ethical restrictions.

If you've thought about serving as your own defense counsel, you need to recognize the many potential pitfalls of following this strategy, from the sheer complexity of the legal system to the risks of presenting your case in an amateurish manner. Consider the following reasons you should avoid representing yourself in court.

You May Lack the Necessary Objectivity

As the defendant in your own criminal case, you may naturally feel the urge to see the facts of the case in a way that shows you in a positive light or downplays unpleasant truths. No matter how clearly you try to see all sides of it, you may never approach the degree of objectivity that a legal expert can offer.

This objectivity can prove crucial to the ultimate outcome of your case. A criminal defense attorney will have no qualms about looking at every detail and asking the tough questions you may have preferred to overlook. This objective scrutiny allows the attorney to build a stronger case that addresses both positive and negative points.

You Could Receive Excessive or Unnecessary Penalties

Unless you accept whatever public defender the court decides to appoint on your behalf, you'll need to pay your legal team members for their services. If the authorities have charged you with what looks like a relatively minor offense, you might make the mistake of assuming that the professional representation doesn't merit the expense.

Even less severe offenses can impose jail time, substantial fines, or other burdens such as community service. Your sentence might even affect your child custody status or license to practice your profession. A skilled attorney knows how to make the most persuasive possible argument for a plea bargain or minimal sentence.

Your case might have a perfectly valid defense that you don't even see. Cases sometimes get dismissed due to a procedural violation or some small but all-important bit of exonerating evidence. If such a detail lurks hidden in your case, the skills and sharp eyes of a professional legal team may help you avoid conviction altogether.

You May Experience Frustrating Delays

Even though you have a right to a fair and speedy trial, the court's definition of speediness may disappoint you if you represent yourself in a criminal case. Most courts find themselves overburdened by excessive caseloads, forcing them to prioritize cases with attorneys over cases involving self-representation.

Unfamiliarity with legal procedures and protocols may lead to additional delays. If you make multiple mistakes in your attempts to follow the rules, the disposition of your case may slow to a crawl. In the worst-case scenario, the judge may even issue sanctions against you for causing unnecessary delays and confusion.

Your Pre-Trial Preparations May Overwhelm You

Many people don't realize the amount of preparation that must go into a criminal defense case, even in situations where the facts seem relatively straightforward. For instance, you may need to read, comprehend, and file numerous documents, meeting specific deadlines for each filing or other legal action.

Effective criminal defense often depends on outside aid from expert witnesses and other key personnel. If you don't know where to find these experts or which ones to choose, you could torpedo your chances in court. Experienced attorneys already have numerous connections with these valuable resources.

You May Sabotage Yourself at the Trial

As noted above, a poor understanding of legal procedures can create delays in your case and irritate the judge. However, you can also sabotage yourself in other important ways when serving as your own defense attorney in court. For instance, your opening or closing argument may fail to emphasize critical points to the jury.

During the examination and cross-examination phases of your trial, ignorance of the standard rules of evidence could cause you to damage yourself further. These rules of evidence, which lay out the procedures for presenting and objecting to evidence, can get quite complex and require legal expertise to implement skilfully.

Objections offer a prime example. Testimony and other evidence presented by the other side may or may not prove admissible or proper. An experienced attorney will know when to object to these items, and on what grounds, in the hopes of getting the judge to exclude them so they can't damage your case.

In the course of a criminal trial, attorneys typically examine friendly witnesses and cross-examine hostile ones. Effective examinations and cross-examinations stem from years of professional legal training and experience. If you lack this background, you may fail to make your points or strike down damaging testimony.

As you can see, self-representation in court can sabotage you in many ways, wiping out any potential short-term advantages you might have hoped to enjoy. If you would rather focus on presenting your case as effectively as possible, contact Cohen Law Offices today so you can benefit from our legal skills and experience.