A Pro Se Defendant is an individual who chooses to represent themselves in legal proceedings without the assistance of an attorney. The term has its origins in Latin, meaning “for oneself” and is used to refer to individuals who are not represented by counsel. This type of Defendant is most commonly found in civil cases, such as divorce proceedings, small claims, or eviction hearings, but may also be seen in criminal proceedings. There are two types of Pro Se Defendant: voluntary and involuntary. A voluntary Pro Se Defendant is one who has chosen to represent themselves without the assistance of a lawyer, while an involuntary Pro Se Defendant is one who does not have the financial resources to hire an attorney. In either case, the Pro Se Defendant is expected to follow the same rules and procedures as an attorney, including filing the necessary paperwork and appearing in court.
Pro Se Defendant
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FAQ
The reasoning behind that decision means that the Constitution requires our justice system to be neutral towards the self-represented litigant. That in turn means that the courts must offer a level playing field for the represented and unrepresented alike, consistent with basic principles of fairness.
Pro se actually means ?for himself,? and in legal terms it means a person represents himself/herself in court when either filing an action or responding to an action without the assistance of an attorney.
A criminal defendant sometimes will decide to handle their case pro se instead of hiring an attorney. They may feel that they do not need to pay a private attorney or go through the process of working with a public defender if the case is simple and minor.
Some litigants also choose to proceed pro se because they feel that they are best-positioned to plead their case ? they believe nobody knows the details quite as well as they do.
Pro se litigants rarely do. Lawyers skillfully ?handle? pro se opposition. Most pro se litigants don't handle lawyers or their own cases with the skills needed to come out on top. In the end, most pro se litigants lose and they do so very quickly.
When two parties get entangled in a civil legal dispute, they head to a courtroom for trial. After that, a judge or jury will decide the matter. This is civil litigation. If you find yourself in a civil action but don't have a lawyer, you can represent yourself, or proceed pro se.
Defendants who choose to appear pro se may do so because they believe they may gain tactical advantages against the prosecutor, such as obtaining sympathy from the jury, the opportunity to personally address the jury and witnesses.