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According to this 2019-20 Annual Report by the Family Court of Australia, 22% of litigants were involved in matters where one or both parties did not have legal representation at some point in their proceedings, while 39% were self-represented at trials.
Facing criminal charges can be a stressful experience that can affect your reputation, relationships and even your liberty, but sometimes, you might feel more comfortable going to court without a lawyer.
However, the legal system is complex, with strict procedures that can be difficult to navigate without guidance from a professional. Representing yourself may not always give you a favourable outcome, so a qualified criminal defence lawyer is highly recommended.
This blog will explore the risks of defending yourself in court and why hiring a criminal lawyer in Melbourne can help you achieve the best possible outcome.
The legal system is built on complex statutes, case law, and procedural rules that require years of study and practical experience. So, what are some of the risks of self-representation?
Unless you’ve completed courses in law school, you will not fully understand your charges or the possible legal consequences. You might:
A lawyer will know your charges (for example, if the law has been changed recently, such as complex traffic laws), have the experience to build a strong defence and know how to read the courtroom. Defendants risk making errors that can lead to harsher penalties, so keep this in mind if this is what you’re deciding to do.
When you don’t have experience in something, chances are the outcome won’t be perfect. And although you know your charges, that doesn’t mean you know what those charges mean legally. A criminal defence lawyer can identify and apply legal defences such as:
A criminal lawyer will give you an overview of legal proceedings, have experience interviewing witnesses, presenting evidence to the jury, and often know the history of the opposing attorney, clerk, or judge in the courtroom.
A criminal defence lawyer makes sure that your rights are protected at every stage of the legal process. If you’ve chosen to represent yourself, you may be unaware of legal rights, such as:
Without a lawyer to point out and challenge these violations, you, as the defendant, may suffer an unfair trial.
No matter your charge, a judge will not be lenient if you don’t have a lawyer by your side. Saying the wrong thing on the stand can put you in more legal trouble, and when charged, the full extent of the law applies to you. Consequences could be:
A lawyer can help you avoid jail time or help you receive a lesser penalty. For example, if you agree to plead guilty to driving while suspended offence, you may only be facing license suspension for 6 months instead of 12.
The legal process has many stages, each presenting opportunities that an untrained legal eye will overlook.
Not having a lawyer can leave you more vulnerable to making mistakes, missing important deadlines, and you won’t have access to legal advice or representation when you need it most. So, what are some things you can miss?
Also known as a charge negotiation, a plea negotiation is a communication process between the prosecutor and defence counsel, which is the lawyer representing the defendant/the accused.
In Victoria, judges consider plea bargaining is when the judge indicates a likely sentence either separately or in conjunction with negotiations regarding a charge.
Without representation, a defendant could accept a plea deal that is not in their best interest, possibly pleading guilty to a more serious offence than necessary.
If you’re looking for a criminal lawyer in Preston, Box Hill, Craigieburn, Croydon, Ringwood, Geelong, Northern Suburbs, Western Suburbs, or anywhere in Melbourne, May Lawyers offers you a free consultation!
Before a trial begins, there are several legal motions and procedures that can significantly impact the case outcome. A criminal defence lawyer can support:
Without knowledge of these procedures, you might lose opportunities to strengthen your case. For more information, have a read of the County Court of Victoria Criminal Trial Process document.
Are you facing a drug charge? Have a read of what types of drug charges are most common for further insight on the laws and how a criminal lawyer supports you.
The prosecution in a criminal case is typically well-prepared and backed by extensive resources. Self-representation places a defendant at a severe disadvantage.
The prosecution presents its case before the defence presents its case by calling witnesses to give evidence in response to questions by the prosecution. This is called evidence in chief, and the defence has the chance to test this evidence of each witness by cross-examining the witness by asking questions about the evidence.
Without a lawyer to counter these tactics and prepare you, you will struggle to challenge the prosecution’s case. Prosecutors are trained legal professionals with years of courtroom experience. They know how to present evidence, question witnesses, and build strong arguments against defendants.
While judges are required to remain impartial, self-represented defendants often face challenges in court. Judges expect all parties to follow legal procedures, and when a defendant is unfamiliar with courtroom protocols, it can slow down proceedings or lead to frustration.
Some judges may also view self-representation as a lack of seriousness in addressing the charges.
There are dozens of other factors that come into play in and out of the courtroom, so it’s a good idea to speak to a criminal lawyer who knows their way around the complexities of criminal law.
What if you do choose to represent yourself? According to the Supreme Court Victoria website, there are some things to think about:
A self-represented litigant coordinator can answer questions about the Court processes, but they cannot give legal advice or help you prepare or present your case. They assist with:
For legal advice, reach out to a criminal lawyer servicing Frankston, Dandenong, Cranbourne, and Moorabbin, and South Eastern suburbs across Melbourne.
There are many ways that a criminal defence lawyer can help. Let’s take a look at some of the most common defences.
Self-defence is when the accused can show they were acting in self defence and their actions were necessary in order to protect themselves from harm.
Duress can be used if the accused can show they were forced to commit a crime under the threat of violence or death.
Mental impairment. If the accused can prove they were suffering from a mental illness or impairment at the time of the offence, which prevented them from understanding the nature and consequence of their actions.
Factual dispute, which requires the prosecution to prove each element of the offence is beyond reasonable doubt. The prosecution must prove certain facts, such as identity or who did the crime.
Necessity, which is used if the accused shows they committed a crime in order to avoid a greater evil. For example, speeding due to fearing personal safety when being threatened by a spouse in their own vehicle.
Honest and reasonable mistake of fact. If the accused could show they mistakenly believed a fact to be true, which, if correct, would have made their actions lawful.
A criminal lawyer will test the police’s evidence, protect the legal rights of you as the client (and put this defence across as strongly as possible), assess the court to determine the reliability of the police’s evidence, avoid conflicts of interest and always act in your best interest.
In the same way you don’t need an electrician to wire a fuse box, there’s nothing stopping you from giving it a go, but you might not like the results.
Courts have a range of sentencing options, and the only way to achieve the best outcome for you is to hire a competent criminal lawyer. A lawyer may also be able to advise you of a defence or help you avoid a criminal record through diversion. May Lawyers are here for you.
You can also read our article on practical advice for choosing the right criminal defence lawyer!
May Lawyers understand that the disputes facing you, your family, or your business can seem daunting. From the endless layers of the legal system to the prosecution and unwanted penalties, there’s a lot at risk when you represent yourself.
As one of the few recognised by the Law Institute of Victoria as an accredited specialist in criminal law, Will May brings a decade of experience in criminal law. We have the legal expertise, compassion and dedication needed to get you the result you want.
With experience in major criminal trials, drug offences, traffic offences, confiscation and bail applications, contact us now for expert legal advice you can trust. We are available 24/7 if you’ve been arrested. Call 0415 582 404 for a free case evaluation.