PLEASE WATCH #HABERPA'S VIDEOFAQ # 408) Can I Self-Represent / appear “Pro Se” in Criminal Court? - https://youtu.be/JyBOOxF4ccw
This Blog Post is intended to serve three purposes: First and foremost it's a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information), it's part of the rollout of the latest batch of #HaberPA's VideoFAQs highlighting # 408) Can I Self-Represent / appear “Pro Se” in Criminal Court? - https://youtu.be/JyBOOxF4ccw and it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel). Disclosures complete let's get to it:
- The PSA: #HaberPA's VideoFAQ # 408 explains the process and protocol for seeking to serve as your own lawyer in Criminal Court.
Thanks for asking me “Can I Self-Represent / appear “Pro Se” / Be my own Lawyer?”
The short answer is “Yes”, you can, but having a right to do something and choosing to exercise that right are sometimes at odds - for example you have a 1st Amendment right to set the American Flag on fire; but taking a blow torch to The Stars and Stripes doesn’t render you a patriot - rather it makes you an asshole.
Still, under the 6th Amendment any criminal Defendant has the right to self-represent, but unlike your unilateral, unbridled decision to ignite Old Glory, before you can be allowed to self-represent the Court must conduct a "Faretta Hearing".
The purpose of a "Faretta Hearing" is for the Court to be satisfied that your wish to waive your right to counsel and to self-represent is being done knowingly and intelligently. In a Faretta Hearing the Judge will ask questions to make sure that you’re aware of the benefits of having a lawyer and that your waiver of that right is the product of your own free will. You can expect the Judge to ask questions about your level of education, your prior experience with the Criminal Process and also your mental state, and all of these questions will be geared toward the Judge assessing your ability to self-represent.
In my experience serving as one’s own is usually a really bad choice (kinda like igniting the red, while and blue) but it's your life, your case and your decision.
With that in mind I’ll remind you of 2 relevant adages:
1) "He who represents himself has a fool for a client" ~ Abe Lincoln; and
2) Be careful what you ask for... you might just get it.
Unlike licensed lawyers, pro se litigants generally have no knowledge of the Rules of Evidence and Criminal Procedure, no experience in the arts of legal research, jury selection and cross-examination and are almost always outgunned and outmaneuvered by trained, experienced Prosecutors.
That said I thank you for your question and I appreciate your having asked it. Please remember that at #HaberPA it’s all about reasonable doubt and if you like this video then please subscribe to our YouTube channel / VideoFAQ as we’ll be putting out more soon!
If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw
As of today we have 2,839 subscribers who've contributed to our 759,528 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!
Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "Affirmative Defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.
While I conjure some of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera). Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on X /Twitter, MeWe or Truth Social (@Sharky910), on YouTube (via MichaelHaberLaw) or PM'ing me on FB (Miami.Criminal.Lawyer) and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then I'll be happy to provide you with a custom tailored video answer to your relevant question.
With all that said I hope that you enjoy # 408, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no Attorney-Client Relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs. All information contained in and which may be construed from any #HaberPA VideoFAQ is meant to be generic in nature, should only be considered as academic and is not "Legal Advise" for any specific person or case. That said if you're looking for Legal Advise then please contact #HaberPA directly and schedule a confidential consultation.
Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the Criminal Justice System then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.
Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #CrimeVictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.
At #HaberPA "it's all about #ReasonableDoubt"!
YT: MichaelHaberLaw
FB: Miami.Criminal.Lawyer
X / MeWe / Truth Social: Sharky910
WWW: CriminalLaw.miami
E-Mail: Sharky910@aol.com
Office: 1-888-SHARK-8-1
Cell: 305-798-2220
https://www.youtube.com/c/michaelhaberlaw / @Sharky910
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