New York Criminal Attorney Blog
In both the state of New York and the United States more broadly, criminal defendants have the right to an attorney. If they cannot afford an attorney, the court will appoint an attorney for them. Defendants do have the option, though, of requesting to appear pro se, meaning they can litigate their case without any attorney at all.
Case Law Regarding Self-Representation
In New York, a criminal defendant has the option of requesting to represent himself if three criteria are met: (1) the request is both clearly stated and timely made; (2) the defendant has explicitly waived the right to counsel; and (3) the defendant has not done anything that would make self-representation particularly difficult for the court.
Inquiry by the Court
A trial court is not allowed to deny a defendant’s request to represent himself without sufficiently investigating the facts at issue. The court must make an effort to properly determine whether the defendant can meet these three requirements under New York law. Case law specifically states that a court must “conduct a dispassionate inquiry into the pertinent factors” regarding any request for self-representation.
Is Self-Representation a Good Idea?
While it is certainly an option to invoke the right to self-representation in any criminal case, we recommend that any defendant think critically before choosing to make this kind of request. While it can be tempting to represent yourself in order to choose your own case strategy and litigation style, there are too many procedural hurdles, legal analyses, and complicating factors to count in any criminal case. Retaining an experienced New York criminal defense attorney is sensible both because of 1) an attorney’s breadth of knowledge and 2) the reality that an outside, uninvolved party will not have the blinders that someone directly involved in the case can experience. It is often said that he who represents himself (or herself) has a fool for a client. This applies equally to lawyers and non-lawyers.
If you have doubts as to whether you want to invoke the right to self-representation, we recommend you at least speak with an attorney before making this kind of major decision. At the end of the day, fighting to maintain your freedom in a criminal court room can be life or death, and it is crucial to make sure you have the right team of people by your side.
Do You Need a New York Criminal Defense Attorney by Your Side?
At Tilem & Associates, we provide high quality representation when you need it the most. We offer free consultations for our potential clients, allowing you to see if we are the right fit before you commit to our legal services. Our team brings experience, aggressive representation, and personalized solutions to our attorney-client relationships, putting our all into each and every case that we litigate.
For a free and confidential consultation with one of our experienced New York criminal defense attorneys, give us a call today at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach out to you as soon as possible. We cover DWI cases, drug offenses, assault and battery, theft, firearm charges, and more.