
Don’t try to represent yourself
It is a well-known adage that the person who is their own lawyer has a fool for a client. Some versions of the expression go on to say they also have a jackass for a lawyer! Even the best lawyers, should they find themselves involved in a court case, will instruct another attorney to act for them. It is almost impossible to maintain the objectivity needed in a lawyer when representing yourself. When it comes to a criminal defence, this is arguably the least important of several reasons not to defend yourself in a criminal trial. Why do you need a criminal defence attorney? Here are five reasons why you should hire an attorney if you are facing charges.
1. Legal knowledge and an understanding of the system
Legal knowledge goes without saying…or does it? All lawyers have completed law school and passed a series of qualifying exams. But not all lawyers can handle a criminal case. The law is complex and attorneys tend to specialise in one or several related areas. Within an area of practice, there are subspecialities. For example, a commercial lawyer may focus on contract law, property law, tax law, etc. The same is true of criminal law. A criminal lawyer with experience in the area of law you are accused of breaching will be able to provide a good technical legal defence.
Furthermore, they know how to navigate the judicial system. They will prepare you for the legal process you face, including questioning. Being put on the stand is a terrifying experience for many people; your lawyer will tell you what to expect and coach you in how to answer difficult questions.
2. Experience
If this is your first offence (and hopefully your last!), you’ve never been in this situation before. A criminal defence attorney has represented many offenders and has almost certainly defended a case like yours before. They know which arguments resonate with the judge and which will work against you. They have knowledge of legal precedents set in other cases. As a lay person, you have none of that knowledge and experience. And an inexperienced defence attorney will have less than an experienced one.
3. Relationships with prosecutors
The law is full of nuances. It is much more subjective than you might think. Judges have considerable discretion when it comes to sentencing. It may even be possible to keep a case from going to trial, by negotiating at an early stage with the prosecution. An experienced criminal lawyer will have built positive relationships with prosecutors over the years. This may enable them to negotiate a more affordable bail amount or a better plea deal for you, if you are pleading guilty. This can mean you serve a potentially shorter jail sentence, pay a lower financial penalty, or possibly even avoid custody altogether, doing community service instead. You are unlikely to achieve this if you represent yourself.
4. A good lawyer saves you money
This may sound counterintuitive, given that you will receive a bill for their services when all is said and done, but think about the long term. How much income will you lose if you are incarcerated? How much will the legal fees and court costs amount to if the trial drags on? An inexperienced attorney whose fees may appear lower can be a false economy. A slightly more expensive lawyer may save you a lot of money over the full duration of your case and sentence.
5. They fight for you
Remember at the beginning of this article we said you can’t remain objective about your own case? Well, your criminal defence attorney can. But that doesn’t mean they don’t care. Most defence attorneys care a lot. If they take your case, they will fight for you. They will do their best to keep you out of jail. They will navigate the judicial landscape, negotiate where possible, and help you have a chance at a better future. They will work for you and with you to build the strongest case possible that will hopefully reduce or eliminate jail time.
Save our number just in case
Cape Town attorneys SD Law & Associates are experts in criminal defence. If you are arrested, contact criminal defence lawyer Simon Dippenaar on 076 116 0623. Save the number in your phone…better safe than sorry.