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Most people hire a lawyer after being charged with a crime in Charlotte, NC. Under the constitution, you are granted the right to an attorney in a criminal matter. Some people, however, decide it is best to represent themselves in such matters. Termed Pro Se litigants, they to represent themselves in a criminal matter. Pro Se is a Latin term for "on ones behalf" or "for oneself". Although one is allowed to begin legal proceedings in civil matters as Pro Se at their own discretion, this is not true in criminal proceedings. In a criminal matter, a judge must give you permission to represent yourself. This is because of the high stakes and technical complexity, not to mention the potential consequences of being convicted in a criminal trial.
A judge must decide whether an individual is capable and competent of representing themselves as a Pro Se litigant in a criminal matter. In doing so, a the judge will look at several factors, including the defendants age, education level, language ability, and the nature of the crime. Based on factors like these, the judge will evaluate whether or not the defendant is capable of self-representation. If approved, the defendant must willingly forfeit their right to an attorney, at which time, they will be allowed to proceed with as their own attorney.
Sometimes, people who are not mentally fit or competent attempt to represent themselves in a criminal matter. In these instances, the judge has the right to override the request due to mental incompetency. In this case, often a mental or psychological expert will be called in to decide if the defendant's mental state is sufficient to represent themselves. They will be asked to give expert opinion on whether the defendant is mentally competent to represent themselves, and also if they are mentally fit to stand trial. In the event that they are deemed mentally unfit to stand trial, self-representation is a moot point. If a judge finds that a person is competent to stand trial, they still may rule that the defendant is not mentally competent to represent himself or herself, Pro Se.
Generally, unless your criminal charges are very minor, being a Pro Se litigant is typically a very bad idea. By representing yourself, you waive the right for a mistrial or appeal based on any mistakes that may occur. Additionally, the average layperson has no concept of how the legal system works or what procedure must be followed in a courtroom. Because most defendants in serious criminal matters have access to court appointed lawyers, public defenders, or private lawyers, it seems highly illogical to represent yourself in a criminal matter with potentially serious repercussions.
If you have been charged with a crime, consulting with an experienced criminal defense attorney can be essential in getting a desirable outcome. Minick Law offers a free consultation, call today.
A judge must decide whether an individual is capable and competent of representing themselves as a Pro Se litigant in a criminal matter. In doing so, a the judge will look at several factors, including the defendants age, education level, language ability, and the nature of the crime. Based on factors like these, the judge will evaluate whether or not the defendant is capable of self-representation. If approved, the defendant must willingly forfeit their right to an attorney, at which time, they will be allowed to proceed with as their own attorney.
Sometimes, people who are not mentally fit or competent attempt to represent themselves in a criminal matter. In these instances, the judge has the right to override the request due to mental incompetency. In this case, often a mental or psychological expert will be called in to decide if the defendant's mental state is sufficient to represent themselves. They will be asked to give expert opinion on whether the defendant is mentally competent to represent themselves, and also if they are mentally fit to stand trial. In the event that they are deemed mentally unfit to stand trial, self-representation is a moot point. If a judge finds that a person is competent to stand trial, they still may rule that the defendant is not mentally competent to represent himself or herself, Pro Se.
Generally, unless your criminal charges are very minor, being a Pro Se litigant is typically a very bad idea. By representing yourself, you waive the right for a mistrial or appeal based on any mistakes that may occur. Additionally, the average layperson has no concept of how the legal system works or what procedure must be followed in a courtroom. Because most defendants in serious criminal matters have access to court appointed lawyers, public defenders, or private lawyers, it seems highly illogical to represent yourself in a criminal matter with potentially serious repercussions.
If you have been charged with a crime, consulting with an experienced criminal defense attorney can be essential in getting a desirable outcome. Minick Law offers a free consultation, call today.
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