Legal Question in Criminal Law in Alabama

self Representation

what bearing does representing yourself in a criminal proceeding have on your right to not testify


Asked on 10/14/08, 1:57 am

1 Answer from Attorneys

Mari Morrison Mari Morrison

Re: self Representation

None, but you would be a fool to do it. I have had lawyers volunteer to be a witness in cases and when they got on the witness stand, they were in shell shock. Also, have you ever noticed the DA usually has two DA's representing the State. There are many reasons but the best one I can think of is two heads operate better than one. So you are already at a disadvantage. I know that I am thinking of strategy and questions to ask and listening to witnesses. It is possible I may miss a key piece of testimony or discrepency. In your case, you will be caught up in the emotion and passion of being an accused of something that you are obviously denying guilty. Take the lawyer and remind the lawyer that he works for you and that if there is any difference in what you want the lawyer to do and what is done, speak up and even ask to address the court, outside of the presence of the jury, and the judge will instruct the lawyer to do what you request. This is unusual but you have that right to direct the path of your defense and it has been upheld when a lawyer did not want to call a specific witness and the accused did. The court instructed the lawyer to call that witness. So don't do it.

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Answered on 10/14/08, 8:10 am


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