According to Russell Thomas, a criminal defense attorney in Nashville, Tennessee, although hiring an attorney to represent you in a criminal case can be expensive, you should never attempt to defend yourself instead. There are a number of problems that could arise should you choose to waive your right to an attorney, and when your freedom may be on the line, there's no excuse for giving up your best possible chance for a positive outcome.
Negotiate for Reduced Sentence
While you certainly have a right under the law to defend yourself in any court proceeding, I would never recommend that a defendant do so. In my opinion, not only should you hire an attorney to represent you, you should do so before you're even charged. If you have an attorney representing you from the very beginning, your attorney may be able to negotiate for reduced charges or a reduced sentence in exchange for a guilty plea.
If you choose to represent yourself, however, you won't be given this opportunity. When you walk into court the first time without an attorney, you are going to be asked whether you want to plead guilty or not guilty – there probably won't be any other choice. If you choose to plead guilty, you're waiving your right to defend your case in court. And without an attorney to help negotiate a sentence, there's nothing to stop the prosecutor from seeking the maximum penalty for the crime with which you've been charged.
Avoid Making Mistakes
On the other hand, if you plead not guilty and choose to defend yourself, then it's very easy for you to make mistakes along the way. Many defendants inadvertently make statements – whether to judges, prosecutors or police officers – that could be used against them later on. It's never a good idea to enter into lengthy discussions with law enforcement authorities when you've been accused of a crime. This is the reason our legal system guarantees us the right to remain silent when we're questioned by police. Even seemingly harmless statements can be used against you in court. The best course of action is simply to remain quiet until you've spoken with an attorney.
In addition, if you choose to defend yourself, you'll be held to the same standard as a lawyer. You're not going to get any special treatment simply because you don't have a law degree. Instead, you'll be expected to conduct yourself as a lawyer would, which means knowing the rules of evidence and understanding the rules of procedure. Essentially, just as ignorance of the law is no excuse for committing a crime, representing yourself is no excuse for not following the same rules an attorney would be required to follow.
On a whole, individuals who choose to defend themselves fare worse in court than defendants who hire lawyers. As a former prosecutor myself, I have seen a number of cases in which defendants have chosen to represent themselves. Although I believe that, in most cases, prosecuting attorneys genuinely try to treat these individuals fairly, they're simply no match for experienced prosecutors. But what if you simply can't afford to hire an attorney? That's where our legal system steps in to ensure that anyone who's accused of a crime has access to representation.
If you can't afford a private attorney, you have the right to be represented by a public defender. Every time I speak to my potential clients, I do my best to impress upon them that, if they can't afford to hire me or another private attorney, they should contact the public defender's office as quickly as possible. The system is in place to safeguard your legal rights, so it simply doesn't make sense to forfeit those rights, especially when your freedom could be at stake.
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