Can I still hire an attorney if I originally told the judge I would represent myself?
In any Utah criminal case, you have a constitutional right to be represented by an attorney.
One of the first questions a judge will ask when you appear in court is whether you are hiring an attorney, requesting a public defender, or will be representing yourself. Choosing to represent yourself in a criminal case may be a big mistake. As the case progresses, you may discover that defending yourself is more complicated than you anticipated. You may also learn that the consequences you are facing are more serious than you originally realized.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
If you find yourself in this situation, you should immediately contact an experienced criminal defense attorney and provide notice to the court and prosecutor that you are hiring counsel. You have a constitutionally protected right to be represented by an attorney. But your attorney will likely need time to gather discovery, do a thorough case analysis, determine necessary investigation, develop a defense strategy, and prepare the case for court. A delay in hiring an attorney may put you at a strategic disadvantage or may create a situation where the court denies you additional time needed for your attorney to prepare.
If you initially told the judge that you would represent yourself, it may not be too late. Contact us today to arrange for an initial confidential consultation with Utah criminal attorney Stephen Howard. Based in Salt Lake City, Mr. Howard provides legal services to clients throughout Utah.
When is it safe to represent myself in a Utah criminal case?
A good attorney will talk with you about how your case can affect your job, education, family, and future.
The only time you should seriously consider representing yourself is when you can accept the worst consequences that you may be facing. If you are facing a simple parking ticket with a $40 fine, you may be better off representing yourself. But even minor misdemeanor cases in Utah can carry serious consequences, including the possibility of substantial jail time and thousands of dollars in fines. Felony cases can involve much more serious penalties.
An experienced defense attorney can help to give you the best chance of avoiding the most serious consequences of a criminal conviction. If you are prepared to accept all of those consequences, you may not need to hire an attorney. Otherwise, you would be well-advised to hire a criminal defense lawyer to represent you.
How much time will my new attorney need in order to prepare to handle the case?
A good defense strategy should be designed to help you achieve your goals.
Most of the time, your new attorney will want to ask the court for a continuance, to allow the necessary time to review discovery, pursue any needed investigation, develop an appropriate defense strategy, etc. The amount of time needed to adequately prepare the case can depend on a number of factors, including the complexity of the case, cooperation from witnesses or government agencies, the need for expert witness evaluations, etc.
If you wait to try to hire an attorney until the night before trial, the judge may refuse to grant a continuance. Many experienced criminal attorneys will not be willing (and for good reasons) to take on a case unless the judge grants the continuance. Waiting till the last minute to hire an attorney may also be viewed by the judge as a delaying tactic, and may cast you in an unfavorable light with the court.
