Tips For Representing Yourself In A Criminal Trial

Law Articles

A well-known proverb states that a person who represents his- or herself in court has a fool for a client. Unfortunately, Canada doesn't have a true public defender system. If you're unable to afford a criminal defense attorney and do not qualify for legal aid, then you may be left with no other option except to represent yourself. Here is some information that may help you get through the proceedings.

Pleading

In the eyes of the law, you are assumed to be innocent until you are proven to be guilty of the crime by the court. Even if the prosecuting attorney has enough evidence to prove your guilt, there may be a valid legal defense you could use that would result in a verdict in your favor.

Therefore, you shouldn't automatically plead guilty. Whether or not you are actually guilty of the crime, it's generally best to plead not guilty and make the prosecuting attorney prove its case against you. The only time you may want to consider pleading guilty is if you know, without a doubt, the Crown can prove its case and you want to avoid a long court battle.

Connect with the Duty Lawyer

Before your first trial date, you should obtain a set of documents (called particulars or disclosure) from the Crown attorney outlining the charges levied against you and the proposed sentencing. You will need to call the prosecutor's office and request them. You can also ask for them during your court appointment. However, you will need to request an adjournment so you can review the documents.

In either event, meet with the duty counsel about your case. The duty counsel is a government-paid attorney who provides limited legal services to defendants that don't have lawyers. There's usually one on staff at the courthouse. Talking to a duty counsel is free, but you may have to meet certain eligibility requirements in some cases. For example, you may need to meet certain income limits.

The duty lawyer is not a public defender and will not argue your case for you. However, he or she can review the case with you to make sure you understand the charges, educate you about court procedures and provide you with limited advice on how to proceed with your case. Take this opportunity to ask pertinent questions such as:

• What are the most common defenses to the crime you're charged with?
• What type of legal research should you do that may help you with your defense?
• What kind of evidence you should obtain to counter the Crown's claims?
• Are there are lesser charges you could plea down to?

While you will still have to do the bulk of the work to prepare your case, the information you obtain from the duty lawyer can put you on the right track.

Judge or Jury Trial

One of the major decisions you'll need to make in your case is whether you want a bench or jury trial. A bench trial involves presenting your case before a judge who will render the verdict. In a jury trial, a group of your peers will decide on your guilt or innocence.

If you're representing yourself, it is generally better to opt for a bench trial because it's the simplest and easiest way to go. You only have to foster reasonable doubt for one person instead of a dozen. Judges tend to be more neutral and focused on the technical aspects of the case, whereas a jury may be swayed by emotion. Additionally, a judge may be more lenient about court procedure since you're representing yourself.

Choosing a bench trial is also more practical. If you opt for a jury trial, you will have to select the jury members and prepare instructions for them, which can be overwhelmingly complicated. As noted previously, though, a jury can often be won over by emotion. If you think you will lose your case based on the evidence but you're confident you can win over a jury, then you may want to consider this option.

Representing yourself in court is not easy and should only be done as a last resort. It's best to exhaust all of your options for hiring an attorney first. At the very least, you should meet with a criminal defense lawyer that offers a free consultation to discuss the challenges you may be facing when you go to court.

3 December 2014