North Carolina Criminal Law: Representing Yourself in Criminal Court
For those who have been charged with a North Carolina Crime or received a North Carolina Traffic Ticket, the desire to represent yourself may be compelling. As a Raleigh Criminal Defense Lawyer and Raleigh DUI Lawyer, I make a living representing those who have been charged with a crime in North Carolina. Though everyone enjoys the right to represent themselves in court, it often times is not recommended. No different then going to a Doctor to handle your medical needs, a Criminal Lawyer is best situated to provide you the best representation and advice as it pertains to your charges. However, if you are determined to represent yourself in court, there are a few things you should know going in. This article will cover some things to keep in mind as you proceed on your own.
Let me open with, it's NEVER my recommendation to proceed on your own. The contents of this article is not intended to provide legal advice on how to handle your particular case. This article simply gives some considerations to keep in mind as you more forward with your case.
First, understand that you are acting in 'Pro Se.' That's fancy lawyer talk for one who represents themselves in court. I mention it due to the fact that you may hear it during the process of your case. When proceeding Pro Se, you are going to deal directly with the Assistant District Attorney when negotiating your case. Please understand that they ARE NOT permitted to provide you with legal advice on how to proceed with your case. In the scope of your legal case, they are considered opposing counsel, which means they can not ethically advice you as to how to handle your case.
What the Assistant District Attorney can do is offer you a plea deal if you elect to plead guilty to your charge. The District Attorney will not be able to tell you whether the offer is good, bad, or even the best that you could get given your unique circumstances (hence why hiring an attorney is so helpful). So, given the options, it's up to you to determine whether you will accept the plea deal or elect to have a trial.
If you decide to have a trial, again understand that no one will be able to advice you with how to proceed. The Judge in North Carolina District Court is the trier of facts, meaning it is their duty to determine your guilt or innocence and therefore can not be seen as providing you (or the State for that matter) an advantage. Judge's will do their best to walk you through the process but they, like the D.A. are limited in how much help they can give you.
Also, if you are going to trial, you have the right to cross examine the witnesses against you. There are rules of evidence which you must adhere to (as does the State) in questioning witnesses. One of the more common mistakes made by Pro Se Defendants is asking questions that are not relevant to the case. The Judge is only interested in issues of fact for the case. For little else is permissible unless it deals with the background and/or credibility of the witness.
So, to close, I will state again, it is my recommendation that if you are facing a Raleigh DWI charge or Criminal Charge, that you contact a Raleigh Criminal Defense Attorney or Raleigh DWI Defense Attorney to assist you with your case. If you are still intending on proceeding on your own, then do so at your own risk, but keep in mind those things this article mentions.
Let me open with, it's NEVER my recommendation to proceed on your own. The contents of this article is not intended to provide legal advice on how to handle your particular case. This article simply gives some considerations to keep in mind as you more forward with your case.
First, understand that you are acting in 'Pro Se.' That's fancy lawyer talk for one who represents themselves in court. I mention it due to the fact that you may hear it during the process of your case. When proceeding Pro Se, you are going to deal directly with the Assistant District Attorney when negotiating your case. Please understand that they ARE NOT permitted to provide you with legal advice on how to proceed with your case. In the scope of your legal case, they are considered opposing counsel, which means they can not ethically advice you as to how to handle your case.
What the Assistant District Attorney can do is offer you a plea deal if you elect to plead guilty to your charge. The District Attorney will not be able to tell you whether the offer is good, bad, or even the best that you could get given your unique circumstances (hence why hiring an attorney is so helpful). So, given the options, it's up to you to determine whether you will accept the plea deal or elect to have a trial.
If you decide to have a trial, again understand that no one will be able to advice you with how to proceed. The Judge in North Carolina District Court is the trier of facts, meaning it is their duty to determine your guilt or innocence and therefore can not be seen as providing you (or the State for that matter) an advantage. Judge's will do their best to walk you through the process but they, like the D.A. are limited in how much help they can give you.
Also, if you are going to trial, you have the right to cross examine the witnesses against you. There are rules of evidence which you must adhere to (as does the State) in questioning witnesses. One of the more common mistakes made by Pro Se Defendants is asking questions that are not relevant to the case. The Judge is only interested in issues of fact for the case. For little else is permissible unless it deals with the background and/or credibility of the witness.
So, to close, I will state again, it is my recommendation that if you are facing a Raleigh DWI charge or Criminal Charge, that you contact a Raleigh Criminal Defense Attorney or Raleigh DWI Defense Attorney to assist you with your case. If you are still intending on proceeding on your own, then do so at your own risk, but keep in mind those things this article mentions.
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