After being charged with a crime in Charlotte, NC, most people turn to a lawyer for help. In fact, having the ability to have a lawyer represent you in a criminal matter is a right given to everyone under the Constitution. However, some people decide that they would rather represent themselves in the judicial system. These people are called Pro Se litigants. Pro Se is a Latin term meaning, "for oneself" or "on one's own behalf." However, although individuals are allowed to start a legal proceeding at their own leisure as a Pro Se litigant in civil matters, this is not the case in criminal matters. In order to be allowed to represent yourself in criminal matter, a judge must grant you permission due to the potential consequences of a criminal conviction.
In order for you to be allowed to proceed as a Pro Se litigant, a judge must first deem that you are competent to do so. The judge will evaluate several factors, including: age, language and verbal skills, education level, and the crime in question. These are just some of the things the judge is weighing when trying to determine whether a defendant may be a Pro Se litigant. If the judge does approve, the defendant must then consent to give up their right to be represented by an attorney. Once this has been established, the case may proceed.
In the event that a person attempting to represent themselves is deemed by the judge to be mentally unfit to make that decision, or is not of sound mind, the judge has the ability to override the request on the grounds of mental incompetency. Typically, experts in the field of psychology will evaluate the defendant and will be asked to give their expert opinion on the state of the defendant's mental condition. This is done to determine whether the defendant is indeed mentally competent to represent themselves, and also whether or not the defendant is even mentally fit to stand trial. In the event that the defendant is deemed unfit, or mentally incompetent, then self-representation is off the table. If however they are deemed mentally competent to stand trial, the judge can still find that the defendant is mentally incompetent to represent themselves in the criminal proceedings.
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.
In order for you to be allowed to proceed as a Pro Se litigant, a judge must first deem that you are competent to do so. The judge will evaluate several factors, including: age, language and verbal skills, education level, and the crime in question. These are just some of the things the judge is weighing when trying to determine whether a defendant may be a Pro Se litigant. If the judge does approve, the defendant must then consent to give up their right to be represented by an attorney. Once this has been established, the case may proceed.
In the event that a person attempting to represent themselves is deemed by the judge to be mentally unfit to make that decision, or is not of sound mind, the judge has the ability to override the request on the grounds of mental incompetency. Typically, experts in the field of psychology will evaluate the defendant and will be asked to give their expert opinion on the state of the defendant's mental condition. This is done to determine whether the defendant is indeed mentally competent to represent themselves, and also whether or not the defendant is even mentally fit to stand trial. In the event that the defendant is deemed unfit, or mentally incompetent, then self-representation is off the table. If however they are deemed mentally competent to stand trial, the judge can still find that the defendant is mentally incompetent to represent themselves in the criminal proceedings.
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.
About the Author:
Want to find out more about Charlotte NC Criminal Lawyers, then visit Minick Law's site to choose the best Criminal Defense Attorney for your needs.
No comments:
Post a Comment