The Pros and Cons of Representing Yourself in a Criminal Case

If you’ve been charged with a crime, you’re undoubtedly thinking about the best way to defend yourself. One of the questions you’re likely asking is whether you need to hire a Jacksonville criminal defense attorney or you should represent yourself. While you have a right to represent yourself in a Florida criminal case, it’s virtually never a good option.

Here are some things to consider when deciding whether to retain a lawyer for your criminal case.

Pros of Representing Yourself in a Criminal Case

While it is almost always a better option to hire an experienced criminal defense attorney than representing yourself there are some limited potential benefits of self representation.

1. Handling your own criminal defense is less expensive than hiring a criminal attorney.

If you don’t hire a criminal defense lawyer, you don’t have to pay attorney fees. Saving money is one of the main reasons people consider defending themselves in court.

2. As the accused, if representing yourself, you’re in full control of your criminal defense*.

Said differently you get to make every strategic decision related to the representation. You choose who to call as a witness, whether to cross-examine the state’s witnesses, and what evidence you attempt to introduce. You also have the opportunity to speak your mind in court, and to tell your story in your own words instead of being limited to answering specific questions.

Now while this is often seen as an advantage by defendants, being in charge of selecting and successfully implementing a strategy is also a major downside of self representation. The reason being that criminal defendants are rarely well versed in successful strategies, or when and how to use them. Furthermore, in the world of criminal justice there are no mulligans and thus subpar self representation can lead to disaster.

Cons of Representing Yourself in a Criminal Case

For nearly every criminal defendant–especially those facing serious charges–the downsides of going to court without an experienced criminal defense attorney far outweigh the benefits.

1. Pro Se Defendants lack the formal training and experience of an attorney

Lawyers don’t simply wake up one day understanding how the legal system works. They engage in intensive study for years, pushing their minds to fully understand the areas of law they practice. Additionally, attorneys will typically have years of experience actually practicing law, and thus they have a profound understanding of the legal system and how to effectively achieve a positive result. These advantages manifest themselves in a litany of ways, from understanding the rules of the court room to being able to effectively determine what cases constitute valid law. Said more simply, having an experienced criminal defense attorney on your side is a major advantage.

2. It’s hard to know what you don’t know.

Being in control of your own strategy sounds great, until you realize that you don’t know what different types of defenses exist in your case or what’s required for the prosecution to meet their burden of proof. It’s easy to miss out on a defense that could have turned your case around due to inexperience and unfamiliarity with the relevant law. Likewise you may not know how to attack evidence obtained improperly or how to challenge the prosecution if they are asking impermissible questions. In essence a pro se defendant often learns they need to know more about a topic after it is already too late.

3. You don’t get any breaks for being pro se.

Criminal court isn’t like small claims court. When you choose to appear pro se (represent yourself), you’ll be expected to follow proper procedures, file proper motions, know how to get evidence entered into the record, know what type of questions are allowed when cross-examining witnesses, and more. Further failure to comply with standard court requirements does not result in a tutorial, instead it results in mistakes that may cost a pro se defendant dearly.

For example, if you have an alibi defense (evidence that you couldn’t have committed the crime because you were somewhere else), you must provide a written notice to the prosecution at least 10 days before trial. The notice must include certain specific information. If you weren’t aware of that requirement and didn’t file the notice, you could be stopped from presenting your evidence at trial.

Of course, that’s just one example of a procedural error that could lead to conviction.

4. It’s hard to be objective about your own case.

This can be especially true if you’re innocent. The facts of a pro se defendant’s case may seem very clear to the defendant and it may be very difficult to imagine how jurors could possibly see things differently. However, it’s important to be able to remain objective and consider different ways jurors might see evidence and how to address those potential concerns. An attorney with experience trying criminal case before Florida juries will have better insights into how to present evidence and how to effectively present their arguments.

The lack of objectivity can also lead to overconfidence, which puts you at a disadvantage in the courtroom. Effective presentation at trial requires a clear and deep understanding of the strengths and weaknesses of your case, and other factors that will impact how the jury perceives you.

5. You’re at a disadvantage in plea negotiations.

Sometimes the significant risks of a trial or the quality of evidence against a defendant may create a scenario where a defendant’s best option is to reach a negotiated agreement, also known as a plea deal. Oftentimes, a good defense attorney can negotiate a favorable deal for their client. That may mean dismissing some charges, agreeing to a sentence that doesn’t involve jail time, or in some cases even entering a defendant into a diversion program that can be completed without a criminal conviction.

When an experienced criminal defense attorney negotiates with the prosecutor, they have knowledge of the usual sentencing in similar cases in the county, and will have assessed the case for weaknesses that can be used as leverage.

That said, a criminal defendant negotiating on their own is usually negotiating from a point of weakness. There are many reasons for this including the fact that typically a defendant can only communicate with the prosecutor in open court. This leaves little room to effectively discuss or reach a favorable plea deal. Likewise a pro se defendant’s inexperience may also lead them to miss favorable evidence that may exist in their case, which could have been used to reach a better plea deal.

6. There’s no buffer between you and the prosecution.

When you have to communicate directly with the prosecution, it’s easy to make mistakes that may be used against you. When an attorney represents you, they can negotiate strategically without putting anything at risk.

The Bottom Line on Representing Yourself

The truth is that even the perceived benefits of representing yourself in a criminal case can turn into disadvantages and pitfalls. The only benefit that seems clear on the surface is that it’s cheaper to represent yourself. But, in the long run, even that may not be true. For example, paying a lawyer to negotiate a favorable plea agreement or fight the charges at trial may end up costing you less than fines, restitution, and lost work time while you’re serving a jail or prison sentence.

At a minimum, you owe it to yourself to speak with a Jacksonville criminal attorney and learn more about how they may be able to help you. Attorney Matthew Lufrano has dedicated his career to helping people charged with crimes in Florida, and has handled cases ranging from minor misdemeanors to murder.

He knows how the Florida criminal justice system works, and how to negotiate effectively with prosecuting attorneys. He also knows how important it is for someone facing criminal charges to have reliable guidance as soon as possible. That’s why he offers free consultations to people charged with crimes in Florida. To schedule yours, call 904-513-3905 right now, or fill out the contact form on this site.