1. You could go to jail or prison.
All criminal offenses come with a maximum jail or prison sentence. Even for a minor second-degree misdemeanor such as disorderly conduct, a judge could sentence you to two months behind bars. First degree misdemeanors such as DUI or simple battery carry a maximum sentence of up to one year in county jail. Felony offenses carry prison sentences, depending on the degree of felony charged. They range from five years to life in prison. If not handled properly, you could unnecessarily receive a jail sentence.
2. You may not qualify for a public defender.
As defined in Florida law, a judge can appoint the public defender to represent a person who has income that is equal to or less than 200 percent of the current federal poverty guidelines or is unable to pay for the services of a private attorney without significant hardship to his or her family. If a judge finds that you do not qualify for a public defender, you are forced to either hire a private attorney or represent yourself. And while public defenders are qualified and often exceptionally good attorneys, they typically have a very large caseload, are very busy, and can be difficult to contact regarding your case.
3. A criminal attorney can directly negotiate with the prosecutor.
Prosecutors are the state’s attorneys who are charging you with a criminal offense. If you represent yourself, you will find great difficultly finding any prosecutor who will even talk to you. This puts those charged in an exceedingly difficult situation in which you can not communicate with the charging party. Not only can a criminal defense attorney speak to the prosecutor, many criminal defense attorneys have relationships with those prosecutors and have earned their trust. Some criminal defense attorneys are former prosecutors and understand the inner workings of how to get a case resolved.
4. A defense attorney can represent you in court.
Going to court can be very intimidating. This is especially true if you are going in without a lawyer or an attorney that was chosen for you. A criminal defense attorney will speak to the judge on your behalf so that your only role is to stand quietly beside your attorney. In most misdemeanor courts, your defense attorney can even waive your appearance altogether for most hearings, so that you do even have to go to the courthouse.
5. Your case could go to trial.
If you represent yourself and your criminal case goes to a jury trial, you are held to the same rules of evidence that an attorney would be. Attorneys are vigorously trained in the process of managing a trial. This includes pretrial motions, selecting juries, giving opening statements, examining witnesses, admitting evidence, and giving closing statements. Trials procedure is complex and complicated. Even if you have a good defense to the crime for which you are charged, it will not matter unless it is properly and effectively presented. If your lack of understanding precludes you from providing an effective defense and you are found guilty, the judge will sentence you just as if you had an attorney.
As the old law adage goes, “the man who is his own lawyer has a fool for his client.”