Why You Should Never Represent Yourself in a Maryland Criminal Case

There’s an old saying that a defendant should never be their own lawyer. A more direct adage is that a person who represents themselves has a fool for a client. This saying is quite accurate. While defendants can often represent themselves in court (a process known as pro se representation), the risks of self-representation are large. The benefits of hiring an experienced criminal defense lawyer, even considering the cost, are substantial.

What are the risks of self-representation?

Criminal cases are very complex

Some of the many aspects of a case that clients who represent themselves are not likely to know (or to do well) without legal representation include the following:

• The arrest. Defendants, especially defendants who think they’re good at talking, may be inclined to give statements against their own interests. Some police can be very persuasive when talking to a defendant. Some defendants have even been known to give false confessions, particularly under prolonged or coercive interrogation conditions.
• Having a lawyer can significantly affect how release arguments are presented and understood by the court. An attorney will be able to explain when a defendant can be released on their own recognizance, why a defendant is not a flight risk, what factors can help reduce the amount of bail (and how the bail is paid), and what bail conditions can and cannot be imposed.
• The preliminary hearing. In Maryland, some felony cases may entitle a defendant to a preliminary hearing to determine whether probable cause exists. Many cases proceed by indictment and do not involve a preliminary hearing. An experienced lawyer will know how to question witnesses to test whether the State can establish probable cause and to preserve testimony for later use, and will also ask questions to pin down the witnesses’ version of what happened. These versions may provide the basis for questioning the credibility of the witnesses at a formal jury trial.
• Pretrial motions. An experienced criminal defense lawyer will understand what Constitutional and Maryland laws govern the inadmissibility of evidence that the police illegally obtained because they violated your rights. These motions may also assert that the police failed to follow proper procedures and assert other grounds for suppressing improperly obtained evidence.
• Pretrial discovery. A seasoned criminal defense lawyer will understand what evidence the government must disclose and what motions to file to obtain that evidence. For example, prosecutors are required to disclose material exculpatory evidence — evidence that is favorable to the defense and material to guilt or punishment.
• Defense lawyers may work with investigators who speak with victims and examine the scene of the crime.
• Expert witnesses. Some criminal defense cases involve the need for expert witnesses. These witnesses may include forensic experts, financial experts, equipment experts, valuation experts, doctors, psychologists, and other expert witnesses.
• Plea negotiations. If there is no dismissal of a case before trial, an experienced defense lawyer may seek to negotiate a plea bargain to less serious charges that may help you stay out of jail. There is an art to knowing when to discuss plea bargains and how to conduct the negotiation. For example, a skilled defense lawyer will understand the strengths and weaknesses of the government’s case against you and the strengths and weaknesses of your defense. These understandings are often crucial to obtaining a just plea bargain.
• A jury trial. There are many parts to a jury trial that a defendant will not understand. These parts include understanding how to select a jury, how to make an opening and closing statement, the rules for submitting and contesting evidence, how to cross-examine witnesses, and how to persuasively argue before a jury. These aspects of a jury trial typically require significant training and experience to perform effectively.

It helps to understand the participants

Unlike most defendants, another key reason to hire a lawyer instead of trying a case yourself is that an experienced lawyer understands the participants in a criminal case. It helps to know if a prosecutor is the type of prosecutor who will admit when their case is weak, agree to negotiate a fair bargain, or consider alternatives to a jury trial. It helps to know how the prosecutor presents evidence, speaks with judges, and talks to juries. All this information can help defendants.

It also helps to know the judge’s temperament, how far a defense lawyer can go with questioning a witness (such as how aggressive the defense lawyer can be), and what arguments the judge is likely to find persuasive. Every juror is different. A seasoned criminal defense lawyer understands how to focus on each jury member while also focusing on the jury as a whole. Just one juror who has a reasonable doubt about your case can make a big difference in the outcome of your case.

It’s not a good idea to be emotionally involved in your own case

Even if you have sufficient legal knowledge to understand the legal, procedural, and evidentiary issues, it’s not a good idea to represent yourself because you have a direct vested interest in the outcome. Even lawyers who are defendants have a difficult time objectively understanding what defense strategies will work and which ones won’t. An emotionally involved defendant (one who represents themselves) is likely to make mistakes because of their personal interest in the outcome.

The cost factor

We can work with defendants to address the cost of legal representation. Some crimes can have huge costs if there is a conviction. Many crimes may result in prison time, fines, and additional consequences.

While you can normally represent yourself in a criminal case (some exceptions apply), we recommend that you stay calm and call Drew. Drew Cochran, Attorney at Law, has more than 20 years of experience handling a wide range of criminal charges that defendants face in Annapolis and across Maryland. Contact Drew Cochran, Attorney at Law, today. Our staff is available 24 hours a day, 7 days a week to answer your questions.