QUESTION
If I plan to represent myself in a criminal trial, do I have the right to discovery by the prosecutor?
Asked on Aug 23rd, 2012 on Criminal Law - New York
29 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes, you do. You do not say what the charges are that you will be dealing with, however, since it is criminal, there is little doubt that a conviction could result in jail time and other penalties. Representing yourself is not a wise decision. How do you present evidence without potentially incriminating yourself? Understand that you will be held to the same standard as an attorney and if you are convicted, you will not be able to appeal your conviction because you had a bad attorney (you) and that you did not understand how the system worked.
Answered on Aug 27th, 2012 at 12:47 AM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Yes but you must ask for it. And since you did not know the answer to your question, why are you representing yourself.
Answered on Aug 27th, 2012 at 12:46 AM
A person who represents them self is entitled to discovery just as a person who is being represented by an attorney.
Answered on Aug 27th, 2012 at 12:46 AM
Michael J. Breczinski
Yes. However defending yourself is as foolproof and painless as taking out your own appendix. You might want to rethink getting an attorney.
Answered on Aug 27th, 2012 at 12:45 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes, within statutory limits.
Answered on Aug 24th, 2012 at 1:27 AM
The defendant in a criminal trial has the right to discovery of any information that the prosecution has. If the defendant does not have an attorney he retains that right.
Answered on Aug 24th, 2012 at 1:27 AM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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Yes, but you must demand it in writing.
Answered on Aug 24th, 2012 at 1:26 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Yes, file for it asap at the DA's office.
Answered on Aug 23rd, 2012 at 5:20 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes, but I believe it was Shakespeare who said "A person who represents himself has a fool for a lawyer". Consider your situation carefully.
Answered on Aug 23rd, 2012 at 5:20 PM
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Yes, you do. Make a request in court for the discovery. Also, make sure you know the possible drawbacks of representing yourself.
Answered on Aug 23rd, 2012 at 5:20 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Yes but remember, "He who represents himself has a fool for a client."
Answered on Aug 23rd, 2012 at 5:20 PM
YES. But prosecutor might withhold evidence if it hurts his case against you. You'll have to file motions to produce. Don't let prosecutor bring into any evidence he didn't produce to you. That's one trick they like to play.
Answered on Aug 23rd, 2012 at 5:19 PM
Yes, you have the same right to discovery as your lawyer would have.
Answered on Aug 23rd, 2012 at 5:18 PM
Dennis P. Mikko
Yes, you would have such a right. Your rights do not change just because you are representing yourself.
Answered on Aug 23rd, 2012 at 5:18 PM
Yes you do. But remember the old adage: "he who represents himself has a fool for a client."
Answered on Aug 23rd, 2012 at 5:18 PM
Criminal Defense Attorney serving Salt Lake City, UT
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Pietryga Law Office
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Yes
Answered on Aug 23rd, 2012 at 5:15 PM
It has been said that a lawyer who represents himself has a fool for a client. If you are not a lawyer, I wonder why are thinking about representing yourself.
If you cannot afford one, one will be appoined for you.
In Ingham County Pretrial Services handles the appointment of laywers for people who cannot afford them.
As to discovery, the right is held by you, not by a lawyer. However, a lawyer can do a much better job of securing this valuable information than you can.
Answered on Aug 23rd, 2012 at 5:15 PM
Barbara A. Fontaine
You should have the right of discovery, even if you represent yourself. You must request it the right way. Look up your state laws. If this is a serious crime, you should try to get an attorney or they public defender.
Answered on Aug 23rd, 2012 at 5:14 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Yes, you have all the rights and responsibilities as the attorney in the case.
Answered on Aug 23rd, 2012 at 5:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, and you will also discover that attempting to defend yourself is not a good idea.
Answered on Aug 23rd, 2012 at 5:14 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Absolutely. Get an order from the judge.
Answered on Aug 23rd, 2012 at 5:13 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes but you have to file for it as an attorney would.
Answered on Aug 23rd, 2012 at 5:13 PM
Steven D. Dunnings
Yes, but you really should get a lawyer.
Answered on Aug 23rd, 2012 at 5:12 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Yes.
Answered on Aug 23rd, 2012 at 5:12 PM
Leonard A. Kaanta
Yes, but only a fool has himself for a client.
Answered on Aug 23rd, 2012 at 5:12 PM
Appellate Practice Attorney serving Columbia, SC
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Aiken and Hightower PA
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Yes. You have the right to discovery as a pro se defendant.
Answered on Aug 23rd, 2012 at 5:11 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Yes, you do have the right for discovery.
Answered on Aug 23rd, 2012 at 5:11 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on Aug 23rd, 2012 at 5:10 PM
Criminal Defense Attorney serving Cherry Hill, NJ
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Law Offices of Richard Sparaco
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Yes, you do.
Answered on Aug 23rd, 2012 at 5:10 PM