Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 4 weeks ago

Do you have the right to represent yourself if you are not the defendant?

I do not want district attorney representing me. I do not need his services at all.

But it seems DA wants to be involved. This is a misdemeanor case. It's highly out of line and unusual for DA to be involved in misdemeanor

This isn't even that complicated a case. 

Can I tell the state that please do not involve district attorney.

DA cases become very long. I can finish the case in minutes on the same day and judge can tell verdict. 

No more than 20 mins if I represent myself. With DA the court hearing itself can last hours. 

I have busy life and other obligations too.

Update:

The DA also seems very desperate to get conviction. I'm not desperate for conviction. I want the correct decision made even if it means acquittal of defendant.

DA does not share such values of mine and appears to be uneasy over the thought of defendant being found not guilty.

If defendant is truly not guilty then I want acquittal. I'm not in court to score.

I'm in court so truth can be found. Defendant has been charged on probable cause and I must ask defendant the truth. 

Update 2:

No it's not case against me. I'm the complainant and defendant is someone else. This is cry unusual and out of line and I don't want DA involvement. 

7 Answers

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  • 4 weeks ago

    Of course you have that right - in most lower courts.  Not in a higher court, where only a lawyer can litigate.

  • 4 weeks ago

    No.  The District Attorney is not representing you.  The District Attorney is representing the state.  A misdemeanor case in the U.S. is the people of the state (or the United States of America) versus the defendant.  You do not have the right to represent the state (or "the people").  The DA has to be involved.

    It's not "out of line and unusual".  It's highly unusual for the DA not to be involved, and even then, they have to have another lawyer do it.

    In any case, it can't be someone who is representing you.  Even if there is a lawyer representing you, there still needs to be another lawyer to represent the state.  The involvement of the DA (or another lawyer representing the government and not representing you specifically) is unavoidable.

  • 4 weeks ago

    The DA does not represent people accused of crimes, he/she prosecutes those people. This post is presumably a fake because the scenario is completely backward in terms of a criminal case.

  • 4 weeks ago

    There is something you do not understand.  You do not have individual representation unless you are the DEFENDANT, in either a criminal or civil case - you have either been charged with a crime or are being sued for something.

    A misdemeanor is a crime. It is NEVER the place of a victim of a crime to prosecute their case. You CANNOT 'represent myself''.  The STATE is your representative, because a crime is a crime against everyone, not just against the victim.  The DA usually appoints an assistant DA to prosecute cases, the DA usually prosecutes only high-profile felonies. But maybe this is a small county and the DA has a small staff. The DA can take whatever cases they want to prosecute. You have no say in the matter, except to ask the DA to drop the case.  You can refuse to cooperate, refuse to testify as a witness, and then face dealing with a judge who might put you in jail for contempt.

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  • 4 weeks ago

    You do not have the right to prosecute, no.  It is absolutely normal for a DA to be involved in a misdemeanor.  It would be highly abnormal for YOU to be involved as anything but a witness. This is not you vs the defendant.  IN criminal court it is the state vs defendant.  

  • 4 weeks ago

    The DA NEVER represents you. They represent the GOVERNMENT in a criminal case. If you are the VICTIM, you are not even a party to the criminal case. If you are suing someone in civil court, the DA is not involved.

  • keerok
    Lv 7
    4 weeks ago

    You're not the defendant but the DA is representing you? I don't think that's a misdemeanor case against you. Cooperate or else...

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