Your best friend is facing a criminal trial for leaving the scene of an accident and a DUI. She can't really afford to hire an attorney specializing in these offenses, and she wonders if she can defend herself in a trial. Can she? Why or why not? Should she?
What will be an ideal response?
People can represent themselves if they are aware of their right to counsel, if they make a valid waiver of Sixth Amendment rights, and if they are competent. Competency does not mean that they are well-versed in the law, only that they are able to appreciate what is going on during the trial. Unless the student has doubts as to the mental competence of the best friend, the student could advise the friend that she likely meets the standard spelled out in Faretta v. California (1975). The question now is whether this is such a good idea. Certainly the offenses are serious and could likely result in jail time under most states' laws. However, the legal process is quite complex, and the friend might be best advised to take out a loan for a lawyer, rather than face a conviction that could ruin her life. An attorney can also plea bargain and do other things to reduce the risk of jail. Essentially, defending herself in a criminal trial is a tremendous risk, even though it is her right.
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