The law permits people accused of an offense to represent themselves without a lawyer. It is called in propria persona, simply referred to as pro se or pro per.
Although permitted, it is not recommended. If you decide to do it anyway, then do it the right way.
To defend yourself effectively, you must understand how a court session works. The judge and/or jury will not because you are representing yourself, forgive your blunders.
1. Paperwork and discovery
File your defense at the courthouse where your case is scheduled to be heard.
Depending on the operation of the court, you may be able to download all the necessary documents online via the court’s official website.
Make copies of the filled document before submitting it to the court clerk. Make sure the clerk stamps the submitted documents with the official stamp and date.
Contact the opposing counsel to request copies of evidence intended to use against you. This is known as discovery.
Once all of this is collated, prepare for trial.
2. Understand law jargon
The court in real life is different from the way it is being portrayed in movies. Even though a law degree is not required before you can defend yourself in court, the judge and jury would be expecting you to sound like one.
Purchase law textbooks or borrow from the library to familiarize yourself with law jargon.
Carefully read through the law you are accused of violating; you may find a way to argue your way out of the charges.
Also, note that courts have different rules and procedures that must be followed. District court websites may contain the rules of practice and procedures for the specific court your case will be heard.
Argue your case with statements from the constitution and laws guiding your offense.
3. Imitate lawyers’ tone
Defense is a skill and an act. It has to be done right to gain the heart of the judge and get a not guilty verdict.
According to The Werner Law Firm, a team of Simi Valley probate lawyers, some judges are not comfortable with defendants representing themselves. This may put you at a double disadvantage if you fail to appear like you know what you are doing.
Show everyone you are an exception. Use the right form of address, such as “the prosecuting counsel”, “the prosecution,” and “your honor.”
Avoid usage of words like “my accuser” and “the judge”.
Understand there is a difference between criminal and civil lawsuits. You can be incarcerated if found guilty in criminal trials.
Imprisonment is highly unlikely if you lose a civil trial. Most of the time, you will be fined if found liable.
Do not mistake the term “plaintiff” for “prosecutor.” A plaintiff is a term used to refer to the side making the charge of being wronged in civil lawsuits.
The prosecutor, on the other hand, is used in criminal trials. It is used to describe the lawyer who brought the case against in court.
4. Emotional intelligence
The opposing counsel will surely try to get you angry. Do not fall for it. It will only make you look like someone with an anger issue.
Be polite and patient. Whenever there is a need to get angry, be patient about it. Instead of getting furious and out of control, ask for evidence and look for deficiencies in the accusations.
For instance, if the plaintiff claimed you stole $500, request the last time the account was balanced and how the amount claimed to be stolen was confirmed.
Ask if certain people at the scene were not questioned and why. These kinds of questions can cast doubt on the opposing counsel’s claims. CCTV records, account statements, receipts, and other documents can help the case.
5. Meet with the opposing counsel
Request a meeting with the opposition lawyer. You may try to strike a deal to make the case go away and save everyone the court stress. Prosecutors, for instance, usually want cases off their table as soon as possible.
Police usually have lots of crimes to attend to and may not have enough time to help the prosecutor with evidence.
Study and understand your case inside and out to stand a better chance against the opponent.
During your meeting, observe the body language of the lawyer and also note when they are bluffing.
Do not offer too much information when you meet, as it may be used to counter your defense.
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