Legal Question in Criminal Law in California

Re: Non-Lawer Representation

As the others have said, your only options are to represent yourself (a really bad idea in almost every instance) or have a lawyer represent you.

Your friend sounds like he's qualified to play a lawyer on TV, but not to actually represent you. He's probably just as qualified to play a doctor on TV, but even if he were "willing to do some research" into medicine I'm sure you wouldn't want him treating a serious illness or performing surgery on you. The same principle applies here.

An experienced defense lawyer will know what the plea options and pertinent sentencing ranges are, and that is the kind of knowledge you need your advocate to have. This is not a simple area to master, so your friend (even if he were allowed to represent you) would almost surely fail to get you the kind of result a lawyer could get.

Re: Non-Lawer Representation

NO. You can represent yourself. Otherwise the person representing you must be an attorney.

Re: Non-Lawer Representation

No it is not allowed. It sounds like you have a good friend, and if that's so, you would not want them to expose themselves to criminal proceedings. It is a misdeanor to practice law without being licensed, punishable by, I believe, up to a year, in jail.

So, return the favor and do not allow him or her to represent you.

Re: Non-Lawer Representation

Thank you for your inquiry.

California's Business and Professions Code prohibits persons that are not attorneys, and states as follows:

Section 6125. No person shall practice law in California unless the person is an active member of the State Bar.

Section 6126. (a) Any person advertising or holding himself or herself out as practicing or entitled to practice law or otherwise practicing law who is not an active member of the State Bar, or otherwise authorized pursuant to statute or court rule to practice law in this state at the time of doing so, is guilty of a misdemeanor punishable by up to one year in a county jail or by a fine of up to one thousand dollars ($1,000), or by both that fine and imprisonment. Upon a second or subsequent conviction, the person shall be confined in a county jail for not less than 90 days, except in an unusual case where the interests of justice would be served by imposition of a lesser sentence or a fine. If the court imposes only a fine or a sentence of less than 90 days for a second or subsequent conviction under this subdivision, the court shall state the reasons for its sentencing choice on the record.

This doesn't mean that your well-spoken friend can't offer to assist your public defender, or that you can't represent yourself, but he cannot appear in court, negotiate for you, or do anything else that might constitute "practicing law".

I hope this helps, and best of luck.