Often when someone needs to go to court, they consider whether they will represent themselves in court or hire an attorney. This is a legitimate concern for many because of cost concerns, time constraints, and other priorities in their life. This is a two-part series. This blog post sheds light on why someone might choose to represent themselves in a criminal case or traffic ticket case. But we also discuss what could happen if things do not go well for you in court and why hiring a lawyer might be advantageous to you. That’s not all, in the coming weeks, stay tuned for Part II – Do I Need a Lawyer for a Civil Case? where we focus on the benefits of having a lawyer for a domestic violence protective order and civil no-contact order hearing.

I. Do I need a lawyer?

No. The Sixth Amendment of the United States Constitution gives you the right to represent yourself. State law also allows you to represent yourself. N.C.G.S. § 15A-1242.

But should you represent yourself? It depends on what you are willing to risk.

A. The Two Sets of Doors

Sometimes as I’m walking to court someone might stop me and say, “Can I ask you a question?” “Sure,” I respond. Generally, they say, “I have a case today, and I’m wondering if I need an attorney.” My typical response is:

“Listen, I have no idea what kind of case you have today. But I’ve seen people walk right into that courtroom and represent themselves. Then they walk right out those front doors. But . . . I’ve also seen people represent themselves and walk through a different set of doors—the steel doors. The ones that make the loud noises when they shut and lock. And those are the doors you don’t want to walk through. I’m not saying it happens to everyone or that it even happens often. But it happens.”

What set of doors do you want to walk through? An attorney can go over the evidence with you and discuss your options. Surely, a court case will impact other things going on in your life. An attorney helps you take the blinders off to give you a legal  perspective. Most importantly, an attorney helps you mitigate risk and fights for you. In the end, before you consider representing yourself, give our office a call. We will treat you like a real person, listen to your story, and offer some real help.

II. Do I need a lawyer for a traffic ticket?

What if I can pay the ticket online and avoid going to court? You don’t need an attorney for that, right? Well, what are you are willing to risk.

Sometimes people pay traffic tickets online before coming to court. Typically, this costs about $200 – $250 dollars for court costs, fines, or fees. And you may still get points on your license. If you are licensed to drive in North Carolina, note that the Department of Motor Vehicles (DMV) has plenty of authority to suspend your license under N.C.G.S. § 20‑16. The DMV may assess you points depending on which traffic violation you are found guilty or responsible of. N.C.G.S. § 20‑16. If you rack up enough points, check your mailbox fast because the DMV will likely be sending you a notice of revocation letter soon. But an attorney can help you mitigate this risk.

An attorney can discuss your options with you, and what is realistic for your case. Sometimes a traffic ticket is eligible for a dismissal. A dismissal will not result in any court costs, fines, or fees. And a dismissal will not result in any DMV points. Other times, you may be eligible for a reduction.

Ask yourself can you afford to lose your license? Or can you afford to sit in traffic court all morning. During one traffic court session, there are typically between 500 – 800 cases on the court calendar. Generally, the line of people waiting to get inside the courtroom extends into the hallways and sometimes wraps around the courthouse. This is why people hire attorneys to represent them at court, so they do not have to go to court and wait in line for hours.

In any event, before sitting in traffic court all morning, give our office our call to discuss your options to stay legal on the road. 

III. So, do I need a lawyer?

It depends on what you are willing to risk. Remember, the law is complex and the consequences can sometimes be life changing. Indeed, you have the right to represent yourself. And not every lawyer and every client are a perfect match. But, in this country, you have the right to hire the lawyer who is right for you. And in some cases, you have the right to have an attorney appointed to represent you.

In the end, exercise your rights. Give our office a call. You are a real person, with a real story. We would love to hear your story and discuss how we can provide real help.