First can a defendant ask the judge if he could represent himself in his criminal case during the jury trial? Second, how much time is he allowed to have to prepare for his trial once he fires his current attorney next hearing? Does he have the right to receive his complete criminal file including the subpoenas (phone records, emails and text messages) /transcripts/police reports about him and the alleged victim(his wife) from his current attorney?
General Practice Lawyer
A defendant always as the right to waive attorney but in my opinion representing ones self at trial is a sure path to conviction. The defendant can get the discovery as well. Unless the defendant is trained in evidence and procedure, doing this on their own us not very sun mart
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DUI / DWI Attorney
Yes you can waive your right to an attorney and represent yourself but I would not recommend doing so. Attorney have years of legal training, have passed a bar exam, and have ongoing training so they are much better equipped to handle a trial where complex legal questions can arise. In some jurisdictions a Judge might appoint you with a standby counsel to provide you with legal information but not advice. In addition, there are complex evidence objections you would want to make to keep evidence out and to keep the prosecutor from asking improper questions. Leave trials to a professional. It is up to the Judge on whether or not to give you more time but you do have a right to a speedy trial and the Judge may be concerned about further delay. Keep in mind any delay caused by your request will not count towards the time limit allowed for a speedy trial. Once you have waived your right to an attorney all the discovery will be provided to you and any further requests for information you will be able to make directly to the prosecutor.
Criminal Defense Attorney
Even most criminal defense attorneys would hire a lawyer to represent them at trial. A defendant certainly has the right to represent himself, but it is a horrible idea. There are a lot of rules, laws and procedures that you need to know in order to mount an effective defense. The defendant in this case can probably do a lot to help with his own defense, but should have a lawyer for any criminal case. If the attorney finds it advisable, he may even choose to testify.
If he insists upon going at the case alone, he will have to file what is called a subpoena duces tecum to get any of the records you're talking about. The prosecutor will have to provide him with any evidence they have, but remember: the evidence that they've gathered has led them to the conclusion that they can convict him at trial. This case my need further investigation to help build the evidence that proves HIS side. The cops aren't looking for it.
Administrative Law Lawyer
Of course you have this right. The prosecutor will eat you for lunch and toss the bones.
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Criminal Defense Attorney
They say that a person who represents himself has a fool for a client. Good advice. You've fired three attorneys, huh? Would love to watch the trial - your prosecutor will have a field day and so will you as the rules of evidence beat you over the head.
Consumer Protection Attorney
If you don't already know the answers to the questions you posted then why do you think you are capable of doing a better job than the 3 attorneys you have already fired? There are so many technical rules of evidence and court procedure that you will never know or understand, and the DA can easily take advantage of you because of it. The first thing the judge will tell you is that you will NOT be given any leniency or patience for not knowing these rules and you will be treated as if you should already know these things. The old adage rings true: an attorney who represents himself has a fool for a client.
Criminal Defense Attorney
You have an absolute right to represent yourself, you'll make everyone's job easier: your defense attorney will focus on clients that want to be represented, the prosecutor can stay out late knowing that he's gonna have a cake walk at trial the next day, and the jury will take one look at you and realize they'll have a quick deliberation. Sorry but that's the reality; nobody takes pro per defendants seriously. On a par with someone trying to perform heart surgery on themselves. Good luck.