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.
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.
Often times, people attempting to represent themselves as Pro Se litigants are not in full control of their mental facilities. If this is the case, a judge will also determine whether the defendant has mental competency. Generally, mental and psychological experts will examine the defendant and will come to a conclusion of the defendant's mental health. This is done for two purposes: first, to determine whether the defendant is mentally competent to represent themselves and second, whether the defendant is even mentally competent to stand trial. If a defendant is found to be mentally incompetent to stand trial, then self-representation doesn't even matter. However, if a judge does find that a defendant is mentally competent to stand trial, it doesn't mean that the judge has to find that the defendant is mentally competent to represent themselves as a Pro Se litigant.
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.
The attorneys at Minick Law are experienced criminal defense attorneys that can help you defend your case. Call today for a free consultation on your case.
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.
Often times, people attempting to represent themselves as Pro Se litigants are not in full control of their mental facilities. If this is the case, a judge will also determine whether the defendant has mental competency. Generally, mental and psychological experts will examine the defendant and will come to a conclusion of the defendant's mental health. This is done for two purposes: first, to determine whether the defendant is mentally competent to represent themselves and second, whether the defendant is even mentally competent to stand trial. If a defendant is found to be mentally incompetent to stand trial, then self-representation doesn't even matter. However, if a judge does find that a defendant is mentally competent to stand trial, it doesn't mean that the judge has to find that the defendant is mentally competent to represent themselves as a Pro Se litigant.
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.
The attorneys at Minick Law are experienced criminal defense attorneys that can help you defend your case. Call today for a free consultation on your case.
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