Can someone who is tried for a crime be their own representation?

Question

If a man was in a bar fight and he was a pro fighter and was sent to trial, can he defend himself in the court of law?

Dennis Roberts · Answer

Sure he can if he wants to guarantee that he'll be convicted. As the old saying  goes - Someone who represents himself has a fool for a client.

Jared Altman · Answer

It's definitely not advisable but yes, he can.

Eric Chandler · Answer

He has a right to, but it is not a good idea.

Jacob P. Sartz · Answer

Yes, under the Constitution, you have a right to represent yourself. It is not recommend, but it is a right. The presiding judge may appoint a stand-by attorney to assist with certain matters.

David Goldman · Answer

Yes, but even lawyers hire other lawyers to defend themselves.  It might not be wise to try to defend yourself without a legal background.

Thomas Tomko · Answer

Thank you for your inquiry  Yes, the person can represent themselves.  However, the man who represents himself may have a fool for a client.  This old saying translates to meaning that if you are too close to the facts in the case that sometimes you miss things that may be important, leading to results which are not wanted.  I hope that this was helpful.

Cindy L. Barton-Coombs · Answer

Yes, but his fighting experience will not help there.You have the right to represent yourself, but remember that it is a fool who has himself as a client.

Jeffrey Unger · Answer

You can always defend yourself, but doing so is usually a very bad decision. Trials are highly procedural, and the Court will hold a "pro se" litigant to the same standards they would an attorney.  If the person has been charged with a crime, and unable to retain a private attorney, they can usually be represented by a public defender, without having to pay a large fee.  If the matter is civil, the individual should contact their home owners insurance agent, as many policies will provide coverage for such an event.

Justin Summary · Answer

It would not be a good idea to do so and he would be at a great disadvantage against an experienced prosecutor but yes, he could represent himself if he chose to.

Steven D. Dunnings · Answer

Yes, but as the saying goes for lawyers, "a lawyer who represents himself, has a fool for a client."

Kathryn Hudson · Answer

The man can defend himself in any court proceeding criminal or otherwise. The court system and the procedural laws that operate are complicated. No one should risk their liberty by not having a lawyer advocate for their rights.

Craig Elhart · Answer

Any person has the right to represent themselves in court.  To do so, they should have a good understanding of legal procedure and the rules of evidence.

Samuel H. Harrison · Answer

You could, but that would be a major mistake. You don't know the rules of procedure, the rules of evidence, or even what the elements of the crime are.

Gregory Casale · Answer

Theoretically he can, but I certainly wouldn't recommend it. He will be expected to know the laws and procedures just as a lawyer would. No special accommodations will be made for him. With any charge, but especially such a serious charge, he should have experienced criminal defense attorney representing him.

Michael D. Fluke · Answer

An individual always has the right to represent themselves, but this is rarely a good idea.  If this person cannot afford an attorney, the court must appoint an attorney with some minor exceptions.  I suggest this person consults and experienced Criminal Defense attorney to discuss his case in greater detail and learn all of his rights and options.

Jonathan Willett · Answer

Just like the constitutional right to counsel, each defendant has a right to represent himself.   However, please proceed with caution.

Cynthia Henley · Answer

If a defendant tells the judge he wants to represent himself (go pro se), then the judge conducts a hearing to see if they person understands what they are getting themselves into. If they understand, then they can represent themselves but they get no slack. The same rules apply as if there was representation by a lawyer.

Michael Nack · Answer

Yes, a person has the right to represent himself in court, but most of the   time doing so would be a serious mistake.

Carina Laguzzi · Answer

He has a right to but there's that old and true saying, "A man who represents himself has a fool for a client."

Joseph Dane · Answer

Yes, you have a right to represent yourself.    Of course, that's probably the worst decision to make....ever, but yes - it's your right.

Michael Maltby · Answer

Anybody can represent themselves at trial. But there is an old adage that says "a person who represents himself has a fool for a client."

Eric Sterkenburg · Answer

Yes but it is not advisable. The man that defends his self has a fool for a client.

Mark R. Thiessen · Answer

Yes.  But the old saying goes: the attorney who represents himself has an idiot for a client.  Not very smart.  I am an attorney and would rather hire him to fight for me in the ring.  Let me do the fighting in the Court.  God Bless America,

Michael J. Breczinski · Answer

Yes it is legal to represent yourself. It is also legal to take out your own appendix. Both processes are equally painless and safe.

Richard Halprin · Answer

It's not a good idea but judges may let it happen. You will be expected to know all of the rules.

Jeff Yeh · Answer

Of course he can, just know the old saying, "He who represents himself has a fool for a client." Plese take a look at the history of criminal law (not traffic) and name me one case where the defendant has won representing himself/herself. It is universally a foolish decision.

Stephen Freeborn · Answer

Sure you can.. But if you needed surgery, would you operate on yourself?? If you can't swim, would you choose to swim across a deep lake without assistance??  The practice of law can be very complicated.  If you choose to represent yourself, then you will be held to the same standard as a licensed attorney.  Do you know how to prepare jury instructions?  Do you know how and when to make the appropriate objections during trial?   Do you know how to effectively examine a witness or cross examine a witness?  Do you know how to admit evidence into a trial?   As a defendant, representing yourself, do you know how to do so without incriminating yourself?   Do you know how to effectively examine the State's case to identify deficiencies and weaknesses that might help you to negotiate an acceptable disposition and/or possible dismissal?    I would bet your answer to these questions is "No", if you even know what I am talking about.   Chances are, if you represent your self, you will probably be convicted.   If you are convicted, you cannot appeal your conviction based upon "ineffective counsel".   Bottom line:  while you probably can represent yourself, it's a very poor decision .. One you will most likely regret.   If you wish to consult with me on this case, I welcome your contact.  I have been practicing 28  years and serve as a part time judge for 6 cities and the King County Courts.

Daniel Kieth Martin · Answer

Yes, everyone has the fundamental right to represent themselves as long as they are reasonably capable of doing so. The problem is it is never a good idea to represent yourself. There are advantages to having an attorney because your attorney's statements are  not admissible against you. If you represent yourself your statements are going to be admitted and your prior bad acts, even uncharged acts can be admitted to show that you are violent.  The fact that a person was a professional fighter would tend to show that they are violent by nature. Ask two lawyers and two judges they will all tell you that it is a bad idea to represent yourself. I hope it works out for you.

Timothy Klisz · Answer

Sure. Everyone can represent themselves in criminal court. Whether that is wise is another story.

Eric Rothstein · Answer

A judge would have to find he made a knowing, voluntary and intelligent waiver of his right to counsel but its not a good idea to represent yourself.

Gary Moore · Answer

He can, defending himself would be very foolish. He would have a fool as a client. He needs an experienced and skilled criminal trial attorney. He can call me.

Jason Overton · Answer

Sure.  You have the right to represent yourself in court, even though it's probably not a good idea.

Jared Austin · Answer

He should be able to as long as he is deemed competent enough to do so. The judge may require that he have a licensed attorney assisting him though. Even though he can represent himself, I would strongly discourage it, especially if he wants to take the case to trial. The criminal justice system and criminal procedure is far too complex and too much is at stake to go at it alone. He needs a trained professional to help navigate him through.

Michael Chastaine · Answer

Yes any one can represent themselves.  The real question is whether it is a good idea.  As a general rule, a person who represents himself has a fool for a client.

John Gutbezahl · Answer

There is an old adage: A person who represents himself has a fool for a client. No one charged with a crime should represent himself even if that person is an attorney. However a good attorney who knows the law and how to try the case can make all the difference. I have never lost a self defense case.

Jason Savela · Answer

he can, but I would not recommend it.  Even if I were the best attorney in the world, I would hire counsel.

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