What is the name of your state? Idaho
I went to Court today and wow, I left feeling like I didn't live in this Country. I represented myself because my only income is Social Security. I applied for a Public Defender but there was confusion over that and apparently he hadn't been assigned to me, even though the PD's office had told me that he was. At this point I told the Judge that was okay, I was ready and willing to defend myself. WHAT A MISTAKE! Not only did the Judge make me feel and look like a fool, I lost big time! You know what's funny is I don't mind losing, I still think I was right but I lost anyway. What bothers me is (1) The judge told me later in the trial (very angrily) that he couldn't and wouldn't help me, if I didn't understand the "legal" terminology that was my problem, I chose to represent myself therefore the court expects me to know as much as any attorney so he wasn't going to explain what he meant when he asked me "do you want to lay foundation?". My answer then was, "well, I guess not". The Judge went on to say that he offered me another Public Defender this morning and I declined one.....not true.....when we were discussing the "mix-up" and why a Public Defender had not already been assigned, I said that I could defend my self and his exact words were "fine, lets start." Never did he tell me that I could still have a Public Defender. And here is my real concern (2) After the plantiff's counsel called me to the stand and questioned me......when she was done the Judge told me "okay, now you may state your defense"...... so I did**************along the way the Judge would ask me questions ....then all of a sudden he says, quote "You don't have to answer that.....you don't have to answer or say anything, actually I am very suprised that you even took the stand at all and possiby incriminate yourself...." My question is, shouldn't he have advised me of this before I testified, not during, or is his attitude that I should know as much as a lawyer if I am going to represent myself? Legally, does a Judge have to advise you of your right not to testify?
I would like to appeal this case but there again, limited income and no assests makes it pretty hard to get legal representation.
I appreciate any advice or help or even critizsiam.
Thanks
ps....please overlook the spelling, can't find spell check and it has been a very trying day.
I went to Court today and wow, I left feeling like I didn't live in this Country. I represented myself because my only income is Social Security. I applied for a Public Defender but there was confusion over that and apparently he hadn't been assigned to me, even though the PD's office had told me that he was. At this point I told the Judge that was okay, I was ready and willing to defend myself. WHAT A MISTAKE! Not only did the Judge make me feel and look like a fool, I lost big time! You know what's funny is I don't mind losing, I still think I was right but I lost anyway. What bothers me is (1) The judge told me later in the trial (very angrily) that he couldn't and wouldn't help me, if I didn't understand the "legal" terminology that was my problem, I chose to represent myself therefore the court expects me to know as much as any attorney so he wasn't going to explain what he meant when he asked me "do you want to lay foundation?". My answer then was, "well, I guess not". The Judge went on to say that he offered me another Public Defender this morning and I declined one.....not true.....when we were discussing the "mix-up" and why a Public Defender had not already been assigned, I said that I could defend my self and his exact words were "fine, lets start." Never did he tell me that I could still have a Public Defender. And here is my real concern (2) After the plantiff's counsel called me to the stand and questioned me......when she was done the Judge told me "okay, now you may state your defense"...... so I did**************along the way the Judge would ask me questions ....then all of a sudden he says, quote "You don't have to answer that.....you don't have to answer or say anything, actually I am very suprised that you even took the stand at all and possiby incriminate yourself...." My question is, shouldn't he have advised me of this before I testified, not during, or is his attitude that I should know as much as a lawyer if I am going to represent myself? Legally, does a Judge have to advise you of your right not to testify?
I would like to appeal this case but there again, limited income and no assests makes it pretty hard to get legal representation.
I appreciate any advice or help or even critizsiam.
Thanks
ps....please overlook the spelling, can't find spell check and it has been a very trying day.