Most people take criminal charges against them very seriously. That is why they have defense attorneys representing them rather than defending themselves.
However, some are overconfident in acting as their own legal counsel. One such example is the case of Nicholas Rossi, who is about to be put on trial for rape soon. The judge refused to let him represent himself since Rossi was facing first-degree felony charges, which could result in a life sentence. The judge was right, as defendants should never represent themselves. Instead, leave your defense to our highly experienced attorneys, who understand how the law and prosecution works. We can argue for cases to be dismissed for lack of evidence and negotiate plea deals, potentially saving you years of imprisonment.
For a free case review, contact our Utah criminal defense attorneys at Overson Law today at (801) 758-2287.
Why You Should Never Represent Yourself in a Criminal Trial
There is an old saying that a person who acts as their own lawyer has a fool for a client. That axiom is perfectly illustrated in the case of a Utah man charged with rape and unwilling to accept public defense.
Nicholas Rossi was arrested and charged with rape in Utah in 2020, but his criminal trial only recently moved forward in August of 2024. Part of the reason for the extreme delay in prosecuting the case is Rossi’s refusal to accept a public criminal defense attorney. Instead, he believed he was his own best advocate and could represent himself. While he eventually accepted the judge’s advice and got an actual attorney to represent him, his attitude is shared by many others who believe they can fight their charges on their own.
Some people watch movies and TV, believing that defending a criminal case is something anyone can do, especially if they are familiar with the justice system. They do not realize that this overconfidence can expose you to some serious consequences. Even relatively minor charges, like misdemeanors, can result in jail time. If the defendant faces felony charges, their mistake could cost them their freedom for years.
Defendants acting as their own lawyers will likely not know what flaws to look for in the prosecution’s evidence. They will not know if the police’s actions were legal and whether the evidence was properly handled in the chain of custody. Prosecutors are also much less likely to offer a plea agreement to defendants who refuse to get counsel, exposing them to the full consequences of their charges.
To avoid a mistake that can change your life, have our Utah criminal defense attorneys represent you and fight your charges. Some prosecutors throw the kitchen sink at defendants, hoping to see what charges stick. Our attorneys can negotiate on your behalf with the prosecution, including getting evidence in discovery and reviewing it for weak points.
What Risks Am I Taking by Representing Myself in My Criminal Case?
It is hard to overstate the negative impact representing yourself in criminal court can have on your life. Rossi, the defendant in the case mentioned above, is charged with first-degree felony rape. Like murder, this is one of the most serious crimes a person can be convicted of. If Rossi represented himself and was convicted without weakening the state’s case, he would likely face the maximum penalty of life in prison under Utah Code § 76-3-203(1). Without an attorney, you might not understand the seriousness of the charges against you.
You could also be convicted with evidence that should never have been allowed in your case. Most people charged with a crime are completely unfamiliar with their jurisdiction’s criminal procedures. They will not know how to exclude evidence and might not get the evidence they were entitled to from the state because they did not know to press the issue.
You might even be charged with other crimes if you accidentally incriminate yourself while defending your current case. Court records are public information, so anything you say could come up again if it is used in another investigation. You want a lawyer resenting you so they can speak on your behalf in court.
What a Criminal Defense Lawyer Can Do for You When Charged with a Crime
Having a defense attorney by your side can help in countless ways, so you should exercise your right to one as soon as you have been arrested. In some cases, we can have the charges dismissed because the police did not have probable cause when they made the arrest, stopping the case before it can go anywhere.
If the evidence against you is strong, we can still negotiate with the prosecution to reduce the charges. Many prosecutors have the discretion to charge what they believe the facts support. This means we might be able to present evidence and arguments to them to lower the charges to a lesser degree. If you accept a plea or are ultimately convicted of a lesser offense, it can mean the difference in years of incarceration. For instance, someone convicted of a second-degree felony in Utah could spend 15 years in prison, while a conviction of a third-degree felony cannot exceed five years, according to § 76-3-203(2)-(3).
If the case does go to trial, there is no substitute for a defense attorney. By then, we will have formulated our defense strategies and gathered evidence from our private investigators. We will also know information about the witnesses the prosecution intends to rely on. Our attorneys will know how to cross-examine the state’s witnesses, attacking their memory of the event or their credibility as trustworthy witnesses.
Our team can also represent you in sentencing hearings if found guilty at trial. Your sentencing hearing does not happen immediately after trial but a few weeks after usually. We can prepare arguments to help alleviate your sentence, like arguing mitigating circumstances and your good character.
Call Our Utah Criminal Defense Attorneys Today for the Representation You Deserve
Call Overson Law at (801) 758-2287 for a free case evaluation with our Utah criminal defense lawyers.
