Can I Represent Myself in Court in South Carolina?

Nov 1, 2024 | Criminal Defense

If you’ve been charged with drug possession, weapon possession, driving under the influence (DUI), assault, theft, or any other crime in South Carolina, avoiding unnecessary consequences will involve fighting your case in court. If you don’t go to court, you will be convicted, and the judge will sentence you under South Carolina law.

But does this mean you need a defense lawyer, or can you represent yourself in court?

Here, we must be cautious when distinguishing between “need” and “should.” Technically, you don’t need a defense lawyer. There is no rule against representing yourself, and you have the right to represent yourself if you choose to do so. But should you represent yourself? The answer to this question is a clear “No”—and there are several reasons why.

7 Important Facts to Know Before You Try to Handle Your Case on Your Own

Let’s say you have been charged with a crime in South Carolina, and let’s say you are thinking about representing yourself in court. Here are seven essential facts to know before you try to handle your case on your own:

1. You’ll Need In-Depth Knowledge of South Carolina Law

You will need in-depth knowledge of South Carolina law to represent yourself effectively. This includes an in-depth understanding of the statute (or statutes) under which you are being charged and the criminal court rules and procedures in your jurisdiction.

In South Carolina, every crime comprises several “elements,” and prosecutors must prove each to secure a conviction. Attacking one or more elements of your alleged crime can be an effective defense strategy. To do this, however, you will need to understand not only the relevant statutory language but also how the courts have interpreted this language in the past—in addition to the rules and procedures you must follow when presenting your defense in court.

2. You’ll Need In-Depth Knowledge of Your Constitutional Rights

Representing yourself effectively also requires in-depth knowledge of your constitutional rights. If the police or prosecutors violate your constitutional rights, you could be dismissed. However, not all constitutional violations have the same consequences, and, in any case, you need to be able to prove that the constitutional violation occurred.

While prosecutors generally have the burden of proof in criminal cases, it is up to you to prove a violation of your constitutional rights. If you can’t prove the violation and the impact it has had (or will have) on your case, you won’t be able to use it as a defense.

3. The Judge and Prosecutors Won’t Go Easy on You

Prosecutors get paid to secure convictions, and the judge’s job is to administer the law based on the arguments and evidence presented in court. The prosecutors and the judge assigned to your case will do their job regardless of whether you hire a lawyer to represent you. In other words, they will not go easy on you if you decide to represent yourself.

4. A Life-Altering Conviction is a Very Real Possibility

If you represent yourself, a conviction is a real possibility. Hiring an experienced defense lawyer does not guarantee you will walk free, but it increases your chances significantly. Suppose your efforts to represent yourself are unsuccessful. In that case, you may face fines, jail time, and other penalties in court—and having a criminal conviction on your record will negatively impact nearly all aspects of your life.

There is a better time to take chances. You have much at stake if you’ve been charged with any crime in South Carolina. You owe it to yourself and your loved ones to ensure you do not face life-altering consequences unnecessarily.

5. An Appeal Won’t Provide a “Do Over” if You Lose

But aren’t you still able to file an appeal if you lose? Not necessarily. To file an appeal, you must have grounds to do so—and, in many cases, you must take steps during your trial to “preserve” these grounds for appeal.

Understanding that an appeal is not a “do-over” of your trial is also important. Appeals focus on specific issues, and the question isn’t whether you are guilty but rather whether mistakes were made during the trial process.

6. All Types of Mistakes and Oversights Can Lead to Unnecessary Consequences

From overlooking issues with a specific “element” of your case to overlooking options for resolving your case without going to trial (i.e., a plea bargain or pre-trial diversion), all types of mistakes and oversights can lead to unnecessary consequences. Many of these mistakes and oversights do not provide opportunities to appeal—meaning that it is gone for good once you lose a chance to protect yourself.

7. Hiring an Experienced Defense Lawyer Can Be Your Least Costly Option

We know that many people have concerns about the cost of hiring a defense lawyer, and we know that these concerns cause many people to think about representing themselves in court.

But, there are two important realities to understand. The first reality is that hiring a lawyer isn’t as expensive as many think, and if you can’t afford to pay all at once, you may be able to pay over time.

The second reality is that hiring an experienced defense lawyer can be your least costly option, no matter how much you pay for your legal representation. If your lawyer can help you avoid fines, jail time, or any of the financial consequences of having a criminal conviction on your record, it could cost you far less to have an experienced lawyer on your side.

Schedule a Free Consultation with North Charleston Defense Lawyer Rad S. Deaton

If you are facing criminal charges in South Carolina and are thinking about representing yourself in court, we strongly encourage you to contact us first. To discuss your case with North Charleston defense lawyer Rad S. Deaton for free, call 843-225-5723 or inquire online now.