What are the penalties for (fill in the blank): Representing Yourself

Quite often, people will ask me what the penalties are in a case that just happens to be exactly like their case. So, hat they really mean, is “what am I going to be sentenced to?”

Here is the simple, unpopular, true answer: I don’t know. No lawyer does. Why?

Before we can answer a specific question for a specific person about a specific case regarding specific facts and analyze the constitutional law, statutory law, rules of criminal procedure – and more, we cannot give anything more than a general answer. We can tell you the maximum penalties, some of the collateral consequences, and even some of the red flags. But that's about it.

After all, are you talking about a sentencing with representation or without – there is a difference. Will there be a trial or not? Do you have technical defenses you cannot identify because you are not an experienced criminal defense attorney? There are quite a few questions that have to be answered, and since the answers to these questions are important, some criminal cases take months or even years to resolve. However, most people want an easy answer without a lot of diagnosis. This is like suspecting that lump on your breast is cancer, but deciding to ask around among your friends instead of going to the right type of doctor and getting a proper diagnosis and treatment.

The government prosecuting you couldn't be happier and loves this "Do It Yourself" approach.

In today’s economy, the prosecution knows that penny pinching consumers will rush to the Internet and try to handle the case without incurring the expense of lawyer’s fess to a criminal defense lawyer. As a result, the prosecution is able to make most first offender sentences sound like candy being handed out to babies when in fact, these sentences can cause a lifetime of misery. Two quick stories (often repeated, as common sense is not very common):

1) Self representing defendant is charged with Minor in Possession of Alcohol. A lawyer quotes $1,500.00 for representation, so the minor decides to DIY. After all, they weren't "arrested" because they were given a "ticket" ( a criminal court summons). Besides, the handy dandy government form to settle the case for a plea of  No Contest just happens to be . . . on the back of the criminal summons! How amazingly convenient to just "pay a fine" of $250.00 and not have to go to court, right?

Each month we get a call where someone does exactly that, and finds they can't get a job after taking out massive student loans. They have "alcohol/drug related criminal history" in the eyes of future employers. We are sometimes unable to fix this type of mistake effectively later on, something that usually is easy for us to fix if consulted immediately. Time is of the essence. So much for "plea bargain" number one.

2) Self representing defendant is charged with No Valid Drivers License. Another second degree misdemeanor with a maximum of sixty (60) days in jail. My best example is a woman who really stood out in the courtroom - obviously a business owner or a professional too smart to need to hire a lawyer. Until after she entered her no contest plea and was sentenced to sixty (60) days in jail. As she began to cry, you could hear in a pin drop in the courtroom. Well, other than her stunned sobs as she was led away in handcuffs.

So, when you go to the websites where you get “free legal advice,” remember what you paid for that is what it is worth.

The wisest use of the Internet is simple: If you can go to jail, no matter how remote you think the possibility is, you use the Internet to help you select a lawyer.

Unless you like Courthouse Surprise.