If you have been charged with a “lower level” criminal offence such as common assault or theft, or with a drink driving offence, you may be considering representing yourself in court. While this may appear to be a cost-effective alternative, self-representation carries several risks that can lead to unfavourable outcomes.
The risks are multiplied if you have been charged with a serious or complex indictable offence such as sexual assault or murder.
The risks of self-representation
The following are risks that you are likely to encounter if you represent yourself in court for a criminal offence or drink driving/traffic offence:
- Lack of legal knowledge: You will probably not be familiar with the legal system and relevant laws. This can result in issues such as saying something incriminating or favourable to the prosecution.
- Lack of courtroom experience: Each level of Court in NSW (e.g. Local Court, District Court) has its own set of rules and procedures. Not being familiar with these can lead to mistakes that harm your case such as failing to submit documents in the proper manner, or improperly seeking to introduce evidence.
- Unfavourable outcomes: You are likely to lack the necessary legal skills and knowledge to effectively advocate for your rights and present a compelling argument, which can lead to a judge ruling against you.
- Emotions getting in the way: Being emotionally involved in the case may result in you getting defensive, angry, or upset during the proceedings, which may adversely impact the outcome.
- Longer proceedings: Both criminal and civil proceedings involving self-represented individuals tend to lead to longer court proceedings as the judge may need to spend more time explaining legal procedures and rules to the person.
- Increased stress: Representing yourself in court can impact your mental health as it is a stressful and emotionally draining experience, especially if there are serious potential consequences such as imprisonment.
Another point that is a disheartening reality is that judges and others in the court system tend to regard self-represented defendants as difficult, time-consuming, unreasonable, and ignorant of processes of the law. This can result in you being on the backfoot from the moment you enter the courtroom.
The benefits of legal representation
It is advisable to have a lawyer represent you in court, as they will have the knowledge and experience to help you navigate the legal system and achieve a favourable outcome.
A good criminal defence or traffic lawyer will be involved in the entire process from the initial conversation to the conclusion of the matter. Your lawyer will:
- Have an initial consultation with you to hear your side of the story.
- Help develop a strategy for your case to achieve the best possible result.
- Communicate with the police, prosecution and court on your behalf.
- Analyse the charges, evidence, and documents provided by the police and prosecution.
- Gather evidence by interviewing witnesses, speaking to experts and family/friends, and obtaining official records or documents.
- Appear in court to progress your matter and represent you in hearings.
A good defence lawyer will have a solid understanding of complex legislation and will be able to determine whether specific evidence is relevant or not. Having a good defence lawyer will also provide peace of mind and reduce stress as you know that your case is being handled by an experienced professional.
How to access legal representation
Choosing a defence lawyer is an important decision – you need to find a lawyer who is suitable for your specific situation. Our guide on finding the best criminal lawyers in Sydney may provide a useful starting point.
If you have been charged with an offence, you can contact us for a free consultation or call us on 1300 668 484 for 24/7 legal advice.
