Considering 'Pro Se' in my trespassing charge...

[Earth_First]

I'm not looking for legal advice here, but I am looking for advice in whether or not you believe that I could do damage by representing myself on my trespassing charge in City Court on 11/8.

I'm fairly certain that I can handle myself, however it's my understanding that most judges look down on Pro Se case individuals before the court, almost to where the impartiality becomes an issue.

Secondly, I worried that this may affect the demeanor of the court in affecting the ruling of other cases after mine that morning.

Anyone care to weigh in on some non-legal advice on the topic?

Thanks

[Pharaoh]

1. what did you trespass on?

[FarLeftFist]

2. Important question.

[Earth_First]

3. City Park as a result of Occupy...

Normally these are issued as violations, ticketable, non-arrest, pay your fine, and see ya's.

[FarLeftFist]

4. Represent yourself.

[DearAbby]

18. Ask for jury if possible

I don't believe a jury of your peers would convict you. (and it would gum up the system) Everyone who is arrested because of the Occupy movement should seek a jury trial, take your chances among the 99% :patriot:

[TheMadMonk]

22. Less than six months or $20, they can refuse to allow a jury trial.

Jumping up and down and screaming for one when not entitled, will NOT "win friends and influence people".

Be damned sure of your grounds before going pro se. At the very least avail yourself of the advice of the legally mandated counsel available to you, before deciding to continue alone.

Be aware that demanding non-existent "rights" is a path to contempt. Judges will cut you some slack on knowledge of the law, but if he thinks you're there just to waste his time he is not going to be a particularly happy camper.

If you're willing to do the time (up to 182 days), play whatever games you like with the legal system.

[backscatter712]

23. If you're shooting for a jury trial, you absolutely need to lawyer up.

I'd only consider going pro-se if my goal was a plea bargain, but if I was going to go for a full courtroom rumble, I'd lawyer up.

[backscatter712]

5. Doesn't your local Occupy group have contact with a legal team?

In Occupy Denver, we've all got lawyers from the National Lawyers Guild representing us pro-bono.

Don't represent yourself. Lawyer up. And ask your Occupy group if they can hook you up.

And for full-disclosure. I got arrested last Saturday at Occupy Denver participating in a sit-in when the cops came in the ninja-turtle outfits. Got charged with Disobedience to a Lawful Order. And I'm lawyered up.

[Earth_First]

7. We do have a legal team, I've been in contact with them...

Unfortunately, we do not have contact information with enough lawyers willing to do pro bono work.

Each one of us, from my understanding, will need seperate legal counsel. So simple case of not enough lawyers to go around.

I did not qualify for the public defender's office program, and I was advised to seek private legal counsel.

I'm seasonally employed, my last full week of work is next week, and then I'm laid off. I simply cannot afford it.

That's why, given the nature of the case, I feel I can represent myself, and save myself the cash.

My only concern, would I still be able to be a litigant in any class action we plan against city if found guilty?

[leveymg]

6. Are you able to afford counsel? The Judge may ask that.

If the answer is no, he may want to know why you don't have a public defender. If you're trying to make a point, you ought to be able to explain it to the Court, as it may come up.

Just my .02

[Downwinder]

8. Is this a Court of Record?

[Earth_First]

11. Indeed, it is... n/t

[Downwinder]

12. Then appeal is more difficult. Get a road map.

[midnight]

9. K&R and some legal folks please help out...

[Rabblevox]

10. VERY DEFINITELY talk to a lawyer from NLG first. I used to work for a judge, and...

they can get pissy. Pro Se defendants usually get harsher sentences than they would with a dump truck PD. (though there are exceptions. If you come prepared, articulate, and succinct, some judges will be sympathetic)

But if it was was part of an Occupation, there should be a legal team on it, and you should at least consult with them before mapping your strategy.

[izquierdista]

13. I've done stuff Pro Se

First you have to get past the lawyer's full-employment saw, "anyone who would have himself for a lawyer has a blah, blah, blah, blah, blah." I had seen through the transparency of that as a teenager watching the Watergate hearings. Every time the spotlight shifted to a new lawyer, said shyster had to run out and get another ambulance-chaser to speak for him.

Pro Se works IF you can use legal terminology properly and not have a slip of the tongue. If you can use the argot properly, then you might be someone who has been to law school, but has not taken the bar in that state, in which case the judge will not be looking down. If you have the time, sit in the back of the court in question for a day and listen and observe their particular dialect of lawyer-speak. For example, in some places, the term "pro se" is used, in others "in pro per" is more fashionable. If you use the one that is uncommon in that court, they will give you the benefit of the doubt that you have some legal knowledge, albeit from a different locale.

If you are well-spoken, it shouldn't adversely affect the demeanor of the court. I think it worked well for me because I came across as a serious litigant who was more involved in his case (and Pro Se is being involved to the max).

[coalition_unwilling]

14. Kicking for exposure. Not qualified to advise you on this issue, but

I will wish you 'good luck'.

[backscatter712]

15. How serious is the charge?

There's different levels. Did you get charged with a misdemeanor, or just a violation/petty offense? If it's just a petty offense, you might be able to talk the DA into letting you off with a reduced charge that's about as serious as a speeding ticket.

If you're charged with a misdemeanor, I'd say that unless you have legal training, you're in over your head and need to lawyer up, passing the hat around if you have to.

[Earth_First]

17. No, this is a simple violation...

The charge is normally dealt with by giving the ticket to a desk clerk at City Hall and paying your fine.

I did some research on the judge that will see my case on the 8th, and she spent 7 years working in Washington, D.C. at the Department of Justice as a Civil Rights trial attorney...

The fact that they even arrested us, and the court did not throw these out at arraignment is beyond me.

[backscatter712]

20. Hmmm. I'd suggest at least consulting an attorney.

Most attorneys will give you a consultation without charge, so you can talk about the charge with him and figure out your options. You don't have to go all the way to hiring him to represent you.

[rug]

16. I'd be surprised if the DA doesn't offer ACDs on these trespass arrests.

The way it works is, the case is Adjourned in Contemplation of Dismissal (ACD) for six months. On the adjourned date, the DA moves to dismiss the charge, which he or she will do if there's been no new arrest. The case is then dismissed and sealed. You do not have to show up on the adjourned date or admit anything. If there has been a new arrest before the six months pass, the case is advanced from the adjourned date and picks up where it left off. See if you can get a hold of an Occupy lawyer and see if that's how the DA has been handling the other arrests.

A similar thing happened to me in Boston years ago at a May Day demonstration. We were charged with "Concerned In Affray" (misdemeanor riot) and the cases ended up as Continued Without a Finding and were ultimately dismissed.

If you are planning to sue though, watch out. There's been some caselaw in New York that an ACD may impair your ability to successfully sue because an ACD requires a prosecutor's consent. Check with local counsel.

Good luck!

[Evergreen Emerald]

19. DON'T represent yourself.

Believe me.

[meow2u3]

21. (S)he who has self for a lawyer has a fool for a client

Don't even think about pro se. You can't win that way.