In short
Thinking of representing yourself in court? Why it usually puts you at a disadvantage against an experienced prosecution, however minor the charge.
We’ve all heard about occasional cases in which a person has represented themselves in a court of law, and while there are occasional successes in this, they are generally somewhat rare. If you’re currently facing up to the prospect of a court case, whether it’s for a serious or relatively minor crime, as a general rule representing yourself really isn’t a good idea.
There are several reasons for this, but perhaps the most important one is the fact that you will usually be at an immediate disadvantage. The prosecution case will almost certainly be presented by a skilled, experienced legal specialist, someone who will not only know the key facts about the case but will also know how to exploit them. Even if you’re completely innocent, the courts may not think you are.
Another important reason is that you can become too invested in the telling of your story, and may become agitated or upset during this process, something the opposition lawyer will often try to influence. The more angry or emotional you become, the more likely is the chance that you’ll be seen as a realistic perpetrator of the crime in question. Representing yourself can be a major gamble, one that can have serious consequences if you lose it.
There’s also a credibility factor to be considered with this approach. You may be completely innocent, you may have a number of key points of evidence that point away from you and you may have a spotless character, but can you be certain that a jury would see you this way? Especially in the face of a cross-examination by a skilled practitioner that’s determined to make you appear otherwise?
Are you skilled enough to avoid the traps?
Without sufficient courtroom experience, it can be difficult to avoid certain traps that a lawyer may set for you. Conversations in the witness box can start out rather low-key, but the lawyer you face will be looking to find discrepancies in your evidence, and if you aren’t adept at handling these matters you can easily contradict something you said previously. Each time this happens, your status as a reliable person can be affected.
Representing yourself in a court of law may seem like a good idea to some. It will obviously save you money, it can give you more control and, after all, who knows you better than you? Even if you start out with full confidence in the case and in your ability to handle it, the situation can soon become more complex than you imagined. In general, we at MML Law would never recommend this as a viable strategy.
If you’ve been accused of a crime, including culpable homicide, theft, assault and more, our team can help you. We know what you’re going through and we will work hard to help you achieve your best possible outcome.
