Representing your self in ciminal court

[Crissco]

What is the name of your state (only U.S. law)? New York

On November 29th I ended up getting my first DWI. I blew a .15 . At court today I didn't have an attorney appointed to me, so he rescheduled for January 5th so I can get some money for one. I asked if I can represent my self. He stated that if I was confident enough to go up against lawyers with years of experience. I told him it would be one hell of an experience. He also stated that im looking at fines and up to a year in jail. Is he trying to scare me or is he correct? I have no problem representing my self in court if those accusations are false.

Thank You
-Chris

 

[FlyingRon]

Huh? If what accusations are false? You're going to have a hard time challenging the fact that you were substantially over the per se limit.
What he told you is correct. The prosecutor is an experienced attorney.
The penalties for a first offense DUI can be as high as a year and $1000 (plus costs and other surcharges). People who ask for a continuation to get counsel and don't get one and other wise act obnoxiously in court engender no leniency from the judge. I suspect you were given leave to obtain counsel not to "see if you can raise money" for one.

The least you are getting off with is no jail, $500, a $160 surcharge, plus costs and six month license revocation. It could be worse depending on the circumstances of your driving, prior record, and behavior in court.

Unless you have an agreement as to the sanctions and intend to plead guilty, I'd highly recommend a lawyer.

 

[ElvinMelvin]

If you had to ask the judge whether you have the right to defend yourself or not, then you don't know enough to represent yourself effectively.

Get a lawyer

 

[Crissco]

Huh? If what accusations are false? You're going to have a hard time challenging the fact that you were substantially over the per se limit.
What he told you is correct. The prosecutor is an experienced attorney.
The penalties for a first offense DUI can be as high as a year and $1000 (plus costs and other surcharges). People who ask for a continuation to get counsel and don't get one and other wise act obnoxiously in court engender no leniency from the judge. I suspect you were given leave to obtain counsel not to "see if you can raise money" for one.

The least you are getting off with is no jail, $500, a $160 surcharge, plus costs and six month license revocation. It could be worse depending on the circumstances of your driving, prior record, and behavior in court.

Unless you have an agreement as to the sanctions and intend to plead guilty, I'd highly recommend a lawyer.

I understand that, I just don't have the money to dish out for a lawyer. Are there any other options? Another reason I want to represent my self is also as a self confidence booster, if all else fails I still tried.

 

[BigMistakeFl]

One sure-fire way to lose self esteem is to go to court alone and have a seasoned prosecuting attorney wipe up the floor with you. These people are trained to argue, and enjoy a good fight. No one can afford to take money out of the budget to hire an expensive attorney, but you need to find a way.

If you can prove you don't have the money or assets to hire one, you may provide a financial affadavit and hope to have a public defender represent you.

 

[FlyingRon]

And what are you going to do when you get there?

i've watched people try and defend themselves. They usually try to argue with the prosecution witness (the arresting officer) during their cross examination, the judge admonishes them (a real self esteem booster) and then they either go crawling off or they persist and the judge sanctions them.

What sort of defense are you intending to make?
What accusations do you believe that are false that you have any way of defending against?

 

[Mass_Shyster]

I just don't have the money to dish out for a lawyer.

How much do you earn in a year?

How much will you earn sitting in jail for a year?

Still think that lawyer's too expensive?

 

[Crissco]

And what are you going to do when you get there?

i've watched people try and defend themselves. They usually try to argue with the prosecution witness (the arresting officer) during their cross examination, the judge admonishes them (a real self esteem booster) and then they either go crawling off or they persist and the judge sanctions them.

What sort of defense are you intending to make?
What accusations do you believe that are false that you have any way of defending against?

TMK there really weren't any false accusations. Its weird, when I was in that court room I felt like I could have no problem standing up to them, or standing right there next to them. I grew up with a big Italian family who argued all the time, all of them business men, so it sort of comes natural to me. Honestly I want to represent my self the only thing holding me back is the fact if anything happens it'll set me back even more. Like I said though, it all has to do with standing up with what I believe in. Im scheduled January 5th to go again, he said to bring my tax returns. Is there another information I should know or bring?

Crissco

 

[FlyingRon]

TMK there really weren't any false accusations. Its weird, when I was in that court room I felt like I could have no problem standing up to them, or standing right there next to them. I grew up with a big Italian family who argued all the time, all of them business men, so it sort of comes natural to me.

You are not allowed to argue with the witnesses. Despite the fact that they call them arguments, there is a well established procedure for conducting trials. What to do in a court room is not "what comes naturally" no matter what your ancestry is.

Honestly I want to represent my self the only thing holding me back is the fact if anything happens it'll set me back even more. Like I said though, it all has to do with standing up with what I believe in. Im scheduled January 5th to go again, he said to bring my tax returns. Is there another information I should know or bring?

The tax returns are to determine if you qualify for the public defender most likely. If you're insistent on stupidly representing yourself, do yourself a favor and sit through some other cases there to see how things go.

While you are allowed to represent yourself, and the judge might give you some slight leeway he would never allow a lawyer, they are not going to instruct you on how things work as the trial goes on.

 

[Isis1]

look, if you were willing to take the charge because you admitted your failure to abide by the law, i'd say go without an attorney.

if you plan on challenging the DWI, get an attorney. don't argue this in court. this is too much to risk. you'll get a plea barging for pleading guilty and not wasting the courts time. you reject the plea the sentence gets bigger. you don't win your case, you are given the sentence. which might be the max. the food there, is awful. mom won't be able to bring in all those italian meals.

i went without an attorney knowing full well i was guilty. so i KNEW whatever they gave me i deserved it. my point of view, 5 years later? i got away with it. those drink and driving laws are TOO lax. i got nicole ritchied. i was in and out. did my classes, and went about my life.

 

[Crissco]

You are not allowed to argue with the witnesses. Despite the fact that they call them arguments, there is a well established procedure for conducting trials. What to do in a court room is not "what comes naturally" no matter what your ancestry is.

The tax returns are to determine if you qualify for the public defender most likely. If you're insistent on stupidly representing yourself, do yourself a favor and sit through some other cases there to see how things go.

While you are allowed to represent yourself, and the judge might give you some slight leeway he would never allow a lawyer, they are not going to instruct you on how things work as the trial goes on.

Do I still need a public defender if im going to admit to what I did was wrong and plead guilty?

look, if you were willing to take the charge because you admitted your failure to abide by the law, i'd say go without an attorney.

if you plan on challenging the DWI, get an attorney. don't argue this in court. this is too much to risk. you'll get a plea barging for pleading guilty and not wasting the courts time. you reject the plea the sentence gets bigger. you don't win your case, you are given the sentence. which might be the max. the food there, is awful. mom won't be able to bring in all those italian meals.

i went without an attorney knowing full well i was guilty. so i KNEW whatever they gave me i deserved it. my point of view, 5 years later? i got away with it. those drink and driving laws are TOO lax. i got nicole ritchied. i was in and out. did my classes, and went about my life.

I was wrong bro, I admit that 110%. Honestly at this point I cant afford to go to jail for a year.

 

[Isis1]

Do I still need a public defender if im going to admit to what I did was wrong and plead guilty?



I was wrong bro, I admit that 110%. Honestly at this point I cant afford to go to jail for a year.

when is your court date?

prior to the court date, head to the court for a few hours. sit in the back, listen to the sentencing, what the DA's offers are, what happens and what is sentenced when pleading, guilty, not guilty and no contest. this will give you a feel of what you might get at the most.

most first timers aren't crucified.

 

[Isis1]

i found this.

New York Criminal Status: Non-injury DWAIs are generally traffic infractions, non-injury DWIs are generally misdemeanors. DWAIs and DWIs that result in bodily injury may be elevated to felony status, depending upon on the circumstances.


Jail: DWAI: up to 15 days in jail. DWI: up to one year in jail. Actual time served will depend on the circumstances surrounding the DWI and the judge.


New York DWI Fines/Costs:


- DWAI: $300 - $500 plus possible penalty assessments.


- DWI: $500 - $1,000 plus possible penalty assessments.


- Zero Tolerance: $125 civil penalty, $100 suspension termination fee.


- Driver Responsibility Assessment: $250 – may need to be paid annually for 3 consecutive years ($750 total) on top of fines listed above.

New York License Suspension:


- DWAI: 90 day suspension


- DWI: Revoked for at least 6 months


Violation of Zero Tolerance Law: 6 months suspension


New York Conditional License: Possible after participating in New York’s Drinking Driver Program (DDP).

Vehicle Impound: Yes.

New York DWI School: Attendance at a Victim Impact Panel, Optional Drinking Driver Program (DDP).

New York Probation: Possible probation, usually report to a probation officer. Offenders are tracked through probation and treatment for re-licensing purposes.

New York Community Service: Community service may be possible as part of probation, but it depends on the court and the individual judge.

the max is one year. and they won't hand out the max without extreme reasons.

 

[HighwayMan]

What's your prior criminal record like?

I can't see getting any jail time for a first time DWI. Where in NY is this?

 

[cyjeff]

You didn't know if you could defend yourself.

You didn't know the appropriate law.

Even if you are the incarnation of Dan'l Webster and F. Lee Bailey, a lawyer that defends himself has a fool for a client.