Pro Se Versus Florida Criminal Defense Attorneys
- Author Jeremy Smith
- Published May 12, 2011
- Word count 571
If someone is arrested for a crime in Florida, they have the option to represent themselves instead of hiring a professional lawyer. This is called pro se, after the Latin term "for oneself." Pro se defendants are held as responsible for their representation as fully licensed Florida criminal defense attorneys. In other words, there are no do-overs if the defendant is not happy with the way the case turned out. The Florida judicial system is very careful about making sure that pro se defendants are aware of the risks in self-representation. It has set guidelines that must be met before defendants may go forward pro se.
Reasons
The main reason most people prefer to represent themselves is because they believe they cannot afford a good criminal defense lawyer. In some cases, this may be true. It might also be said that an innocent person cannot afford not to hire an attorney. Appearing in court pro se is much more common for civil cases than criminal ones, because there is less at stake in a civil case. Criminal cases involve jail time, fines and other types of punishment if the accused is found guilty.
Education
Lawyers spend about 7 years in school earning the minimum of a bachelor’s degree, followed by a law degree. They must pass a bar exam for each state where they wish to practice law. It is difficult for someone with no legal education and training to match the knowledge and information. As a result, pro se defendants are at a distinct disadvantage. Although federal laws require states to provide access for inmates to law libraries or legal assistants, the resources are limited when compared to a professional lawyer’s education and expertise.
Rules
In a Florida criminal case, the person representing themselves must follow most of the same rules as Florida criminal lawyers. The judge and court clerk staff are not allowed to give the defendant legal advice. The prosecuting attorney will not point out the obvious flaws in the prosecution’s case, because his job is to win his case. Procedurally, all paperwork must be filed correctly and on time in the right place. Subpoenas and motions, for example, have certain steps involved to make them valid. Another option is using the Public Defender, although in the State of Florida the caseload ratio of attorneys to clients is low and manpower for research and investigation is even lower.
Experience
When someone is arrested, the police department is required to follow certain rules and procedures. This does not always happen. A savvy Florida criminal attorney will know which questions to ask of which witnesses to find out if any procedures were mishandled. They will know through experience what the standard paperwork looks like. An experienced Florida criminal lawyer can spot what might be missing from police reports, as well as what the reports should not say. The pro se defendant does not have any of this knowledge and may not realize the obvious holes in the prosecution’s case. In court, the experienced lawyer will know which witnesses to call and how and when to question them.
In conclusion, it is possible for someone to represent themselves in a Florida criminal proceeding, but it is not advised. A Florida criminal lawyer is better suited to handle the case due to experience and knowledge. The stakes are high, so self-representation should only be used as a last resort.
If you are interested in florida criminal defense attorneys, be sure to visit http://www.muscalaw.com/.
Article source: https://articlebiz.comRate article
Article comments
There are no posted comments.
Related articles
- UK Workplace Locker Laws 2025
- Pedestrian Accidents: Know Your Legal Rights from a Brownsville Personal Injury Lawyer
- Choosing the Best Greenville Injury Attorney for Workplace Injuries
- Choosing the Best Greenville Injury Attorney for Workplace Injuries
- International Shipping Made Simple with DTDC International Courier
- Choosing the Right International Shipping Services and Understanding International Shipping Rates
- Send Parcels Worldwide with a Trusted International Courier Service in Delhi
- Navigating Family Law with a Divorce Lawyer in Austin
- My employer has presented me with a Settlement Agreement. What do I do now?
- Behind Every Successful Deal: The Lawyer’s Role in M&A Strategy
- Why You Need a Personal Injury Attorney in Seattle After an Accident
- Why You Need a Local Irvine Personal Injury Lawyer After an Accident
- Why Local Expertise Matters: Benefits of Hiring an Indiana Car Accident Lawyer
- Why Foreclosure Defense Matters
- How Personal Injury Lawyers in North Charleston Handle Insurance Companies
- From Your Home to Anywhere – Reliable Global Shipping Solutions
- Temporary WiFi and Data Analytics in Events
- How an Okatie Car Accident Lawyer Can Help with a Hit-and-Run Case
- Content Analysis: Uncovering the Hidden Meaning
- criminal defense attorney irvine
- 7 Mistakes to Avoid When Hiring a Personal Injury Lawyer in Clearfield
- 10 Signs You Need a Personal Injury Lawyer in Rockford
- Why You Should Hire a Personal Injury Lawyer in Tampa After an Accident
- Canada’s Regions Blocking Low-Wage LMIAs
- How the IRS Is Changing and Why You Need a Tax Attorney Now More Than Ever
- When to Call a Car Accident Lawyer in San Antonio After a Wreck
- What to Expect During Your First Consultation With a New Haven Personal Injury Lawyer
- How a Waterbury Auto Accident Lawyer Can Maximize Your Settlement
- Contracts That Win: Why Legal Precision Is Key to Business Success
- How the IRS Is Cracking Down on Tax Debt (And What You Can Do About It)