10 Things to Expect When Acting as a Pro Se Defendant in Florida

BusinessLegal

  • Author Jeremy Smith
  • Published May 12, 2011
  • Word count 414

Under the 6th Amendment to the Constitution, everyone has a right to an attorney in the US. People often choose to represent themselves instead. Those facing criminal charges who handle their own defense are called "pro se" defendants, which is the Latin term meaning "for oneself." In Florida, the judicial system is very particular about the treatment of pro se defendants. It has a host of unique requirements on the subject. While the Court tries to make sure pro se defendants are treated fairly and have an opportunity to access important information, the individual is also warned of the risks involved should they choose to go forward without legal counsel.

Regardless of the person’s reasons for wanting to represent themselves, they may not know what to expect during the process without a qualified Florida criminal defense lawyer. Here 10 things a pro se defendant can expect when representing themselves in a Florida criminal case.

  1. No one will tell the accused what to do or how to do it unless they are out of order in the courtroom.

  2. A pro se defendant should expect the judge to be fair during the trial process. They are not allowed to discriminate against someone representing themselves.

  3. The judge and court clerks will not give the defendant any legal advice.

  4. If the accused is in jail, they will not be released so that they can work on their legal case on the outside.

  5. During trial, the prosecution will object a lot while the defendant is questioning witnesses.

  6. If the case does not turn out in the defense’s favor, it cannot be retied simply because the accused did not have a professional Florida criminal defense attorney.

  7. If proper procedures were not followed during the investigation or arrest process, no one will point it out to the defense.

  8. The prosecutor will probably offer the accused some sort of plea bargain that is not a very good deal, if one is offered at all.

  9. The witnesses may not take the pro se defendant seriously. They may be disrespectful, argumentative or even sarcastic during questioning on the stand. As a result, they may not give the anticipated answers.

  10. After the judge has spoken to the individual and asked several questions, the defendant may be forbidden by the judge to go forward in the case without representation from a qualified Florida criminal lawyer. As a result, a public defender may be appointed or the person can decide to hire a Florida criminal lawyer.

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