If you’re facing DUI charges, you’re likely exploring your legal options. You may have come across the option to represent yourself in court rather than hire an attorney. Representing yourself in court is labeled as “Pro Se.” What is “Pro Se” and will it work for you?
Representing yourself in a Colorado DUI case could save you some money, but it could also cost you your freedom. Learn more about self-representation below.
DIY Legal Representation for DUIs: Is It a Wise Choice?
If you’re going to represent yourself, you’ll need to know what to expect.
First, let’s assume you’re still in jail. You can post bail and await a hearing without a lawyer, although it’s a good idea to have one to guide you through the bail process.
The court will set dates for your pre-trial trial hearings and your trial. You absolutely must show up at those dates or you’ll be held in contempt. That means bigger fines and a longer sentence, so these are appointments you don’t want to miss.
You’ll also have the chance to enter a plea at your initial appearance. In most cases, you would plead not guilty at this stage, because you won’t yet know the evidence against you.
Before the trial (called pre-trial), both sides will file motions and submit evidence (this can be both legal and illegal evidence). Without a lawyer, it can be difficult to access your evidence. Knowing what prosecuting evidence to be concerned about and what evidence simply isn’t legitimate will be tough. You might regret not hiring an attorney if the prosecution submits evidence that’s incorrect or outright fabricated.
Eventually, you will need to decide whether to plead not guilty and go to trial in your case or to plead guilty, possibly with a plea deal. Often, people want to plead not guilty, but this isn’t always the wisest choice. It might be better to plead guilty in exchange for a lighter sentence. This is especially true if the prosecutor has solid evidence against you. An experienced DUI attorney can help guide you as to your likelihood of success at trial. A defense attorney can also negotiate with the DA for a better outcome.
If you go to trial, you’ll have the chance to argue your case. This is where things tend to fall apart if you have decided that representing yourself in a Colorado DUI case was a good idea. You probably don’t know the laws, how to talk to the judge, or how to present evidence as well as an attorney. More than likely, the judge will give you a stern talking-to about DUI consequences and issue a painful sentence — a sentence that potentially could’ve been lighter had you worked with a lawyer.
Just Because You Can Represent Yourself Doesn’t Mean You Should
You’re legally within your rights to self-represent in a DUI case, but unless you have some kind of legal training in court procedures, this is a decision you’ll likely come to regret.
Attorneys know how to gather evidence, such as witness statements and video footage, that you may not have even known existed. They also know how to challenge the prosecution’s evidence. They may even be able to have bad evidence tossed from the record.
Lawyers are also experienced at plea bargaining with the DA for a lighter sentence, such as a fine instead of jail time.
Know the Self-Representation Risks and Don’t Leave Your Future Up to Chance
Representing yourself in a Colorado DUI case is risky. When your future is on the line, this is a risk you can’t afford to take. Churchill DUI Defense offers reliable legal defense strategies to DUI defendants throughout Denver. Call (303) 832-9000 for a consultation.