Legal Question in Criminal Law in California
im pro per.im starting prelem in 2 weeks,have not been provided with the discovery or nothing from d.a.please HELP
4 Answers from Attorneys
Go to law school, graduate and get 50 trials under your belt as soon as possible. Have a mental health expert examine why you would think you are capable of doing this yourself. If it was cancer surgery, would you do it yourself? If you told the judge you wanted to represent the guy sitting next to you in court, what do you think the judge would tell you? That you are not qualified. The fact you are legally entitled to represent yourself does not mean it is a good, or sane idea.
I can see absolutely no reason why you would represent yourself in the modern age.
Tell the judge you are in over your head. Ask for a continuance to find an attorney. If you can not afford an attorney, then do the same thing but a get a public defender. If the Judge tells you that he warned you, and that you made your own bed and not you must deal with the consequences tell the Judge, on the record, you had no idea of everything involved and that there is no way you can properly do this and you need an attorney. At least that way you have set it up so the Judge may worry about an appeal based on ineffective assistance of counsel later. After that understand this, you can not under any circumstances handle this case on your own. Attorneys have training and experience and they sometimes have problems with cases. By handling the case on your own, you are doing exactly what the DA wants you to do and that is too provide them with a win.
Good luck
I agree with everything written above (except you cannot claim ineffective assistance of counsel when you represent yourself but you can claim a Sixth Amendment violation.) At the same time if you insist upon going ahead with this insanity write a one sentence letter to the DA. It should say. " Please sent the discovery to me at (and put your address)." Fax this to the DA immediately.
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