The Risks of Self-Representation in Criminal Trials

As a defendant facing criminal charges in New Jersey, you have a right to have an attorney represent you. If you cannot afford a lawyer, the courts will appoint a public defender to handle your case. You also have the right to represent yourself in court.

As a New Jersey criminal defense law firm made up of former prosecutors and public defenders from across the state, the Law Offices of Jonathan F. Marshall urges you to seek experienced legal representation and avoid facing New Jersey’s harsh criminal justice system on your own.

Many people charged with crimes represent themselves in court because they think it is too expensive to hire a lawyer. But you are at a decided disadvantage if you face seasoned prosecutors without legal representation. The price of representing yourself may be measured in years of freedom lost. Our firm devotes time each year to assisting defendants whose economic circumstances might otherwise preclude their engaging an attorney from our firm.

An initial legal consultation with the Law Offices of Jonathan F. Marshall is free. In addition to assessing your case and your legal options, we can discuss financial arrangements for representing you that take into consideration your ability to pay. We are ready to help, and we have offices across New Jersey. You just need to contact us today for a free initial consultation.

What Are the Risks of Representing Yourself in Court?

New Jersey Courts devote a section of their website to providing information a defendant would need to represent themselves in a criminal trial. If you are interested, we suggest you begin with the several pages devoted to the Rules of Court, the general policies, procedures, and guidelines for practicing criminal law in New Jersey.

A person acting as their own lawyer in a New Jersey court will be required to follow the rules, policies, and procedures of the court. If you get something wrong, there will be no do-overs. You simply won’t get what you were seeking – a postponement, access to the prosecutor’s evidence against you, suppression of illegally obtained evidence, or dismissal of charges if the prosecution doesn’t have a solid case.

As a “pro se” lawyer, you will have to argue the points of law. If you cite a law or its interpretation incorrectly in court, the prosecution will object, and the judge will rule in their favor. You will immediately need a new, legally sound argument. It takes training and experience to recall points of law quickly. You don’t walk in off the street and outwit a New Jersey county prosecutor and a Superior Court judge.

Common Mistakes When Representing Yourself In Court

It is easy for defendants to incriminate themselves inadvertently when not guided by legal counsel. Facts that you may believe support your case may not be a legal defense to the charge and may, in fact, harm you. Once they are uttered, they are on the record to be held against you.

Arguing a case in court is a high-pressure situation, particularly if your freedom is on the line. As a legal case starts to go bad, it is easy to become frustrated and flustered, and after that, things can spiral downward. Law students train for this in moot court and mock trial programs before they ever work on real cases. No one should be thrown into the pressure of a criminal court case without training – or the assistance of an experienced defense attorney.

You also need to know that the prosecutor, the judge, and court staff are prohibited from giving defendants legal advice. Other than explaining your rights to you and encouraging you to retain an experienced defense attorney, the judge’s duty is to ensure the law is followed correctly. How you fare is not their problem. But if you begin to waste their time or disrupt “their” court, you may detect a negative mood shift from the judge’s bench.

A Small Mistake Can Affect Your Life

Our initial objective as N.J. criminal defense attorneys is to keep our clients out of court. Anything can happen in court, including multiple outcomes that are bad for the defendant. In most cases, we negotiate settlements with prosecutors, and our client’s fate is never left to a jury. If your case must go to trial, our attorneys have decades of criminal trial experience in courtrooms throughout the state.

For nonviolent first offenders, New Jersey offers several probation/diversion programs that keep the offense off of the defendant’s record if he or she completes the program successfully. Sometimes, we can poke enough holes in the prosecution’s case to get charges dropped. In other cases, negotiations to avoid a trial require pleading guilty to lesser charges – a plea bargain, which is always our client’s decision to accept or decline.

We can settle cases because we have a thorough knowledge of New Jersey law, its courts, and its criminal justice programs. We know local prosecutors, and they know us. Because we have established professional relationships, prosecutors will consider our arguments and proposals when we suggest a different interpretation of the evidence.

Our legal staff includes former prosecutors and public defenders from more than 25 towns and counties across New Jersey. Lawyers with the Law Offices of Jonathan F. Marshall can reach a better outcome to criminal charges than a defendant can on their own in almost all cases. Trusted guidance based on experience is a big part of the value of retaining a defense attorney instead of representing yourself.

Do Not Face the New Jersey Criminal Process on Your Own. Get a Lawyer.

Being charged with a crime in New Jersey puts your future at risk. Prosecutors have a professional obligation to secure guilty verdicts in every case they bring forward. You need professional legal help to ensure your rights are upheld and that you have a fair shot at the best legal outcome available to you. Schedule a free consultation with our respected New Jersey criminal defense attorneys today to learn how we can protect you.