If someone is arrested for a crime in Florida, they have the option to represent themselves instead of hiring a professional lawyer. This is called pro se, after the Latin term "for oneself." Pro se defendants are held as responsible for their representation as fully licensed Florida criminal defense attorneys. In other words, there are no do-overs if the defendant is not happy with the way the case turned out. The Florida judicial system is very careful about making sure that pro se defendants are aware of the risks in self-representation. It has set guidelines that must be met before defendants may go forward pro se.

Reasons

The main reason most people prefer to represent themselves is because they believe they cannot afford a good criminal defense lawyer. In some cases, this may be true. It might also be said that an innocent person cannot afford not to hire an attorney. Appearing in court pro se is much more common for civil cases than criminal ones, because there is less at stake in a civil case. Criminal cases involve jail time, fines and other types of punishment if the accused is found guilty.

Education

Lawyers spend about 7 years in school earning the minimum of a bachelor’s degree, followed by a law degree. They must pass a bar exam for each state where they wish to practice law. It is difficult for someone with no legal education and training to match the knowledge and information. As a result, pro se defendants are at a distinct disadvantage. Although federal laws require states to provide access for inmates to law libraries or legal assistants, the resources are limited when compared to a professional lawyer’s education and expertise.

Rules

In a Florida criminal case, the person representing themselves must follow most of the same rules as Florida criminal lawyers. The judge and court clerk staff are not allowed to give the defendant legal advice. The prosecuting attorney will not point out the obvious flaws in the prosecution’s case, because his job is to win his case. Procedurally, all paperwork must be filed correctly and on time in the right place. Subpoenas and motions, for example, have certain steps involved to make them valid. Another option is using the Public Defender, although in the State of Florida the caseload ratio of attorneys to clients is low and manpower for research and investigation is even lower.

Experience

When someone is arrested, the police department is required to follow certain rules and procedures. This does not always happen. A savvy Florida criminal attorney will know which questions to ask of which witnesses to find out if any procedures were mishandled. They will know through experience what the standard paperwork looks like. An experienced Florida criminal lawyer can spot what might be missing from police reports, as well as what the reports should not say. The pro se defendant does not have any of this knowledge and may not realize the obvious holes in the prosecution’s case. In court, the experienced lawyer will know which witnesses to call and how and when to question them.

In conclusion, it is possible for someone to represent themselves in a Florida criminal proceeding, but it is not advised. A Florida criminal lawyer is better suited to handle the case due to experience and knowledge. The stakes are high, so self-representation should only be used as a last resort.