|
|
Last Modified on Apr 06, 2026
Many times, when we receive calls from potential clients, they are frustrated, confused and just want to share their side of the story. Because of this, they make many assumptions about how their case will play out.
We hear things like “I feel like once I tell the judge what actually happened then the case will be dismissed.” Or “I have evidence that I am going to show the judge.” Or “I really feel like I can fight this on my own; I know the laws.”
The analogy that we always use is if you break a bone, you go see a doctor. So, if you break a law, you should come see an attorney.
The “kick-off” for cases is the arraignment. At this time, you enter a plea. There is no sharing of evidence, arguing your innocence or concluding your case. The next date you have will be the Pretrial. Depending on what county and court you are in, this date could be months after your arraignment. This hearing is viewed as a status conference. There is no judge present. This time is used to have meaningful discussions after reviewing the evidence in the case and seeing if there is a solution that can be worked out without a jury.
If a defendant chooses to represent themselves, they are held to the same standards as an attorney and are responsible for understanding and following all court procedures. This includes properly filing documents with the court, serving copies to the opposing party, complying with applicable rules of procedure and evidence and adhering to all deadlines set by the court.
The other important aspect of defending your own case is understanding the difference between “your side of the story” and admissible evidence. Many clients feel that if they just had the opportunity to share their side of the story, then the case would be resolved. In addition, evidence that a client feels is important may not be legally relevant to the case.
For example, a client may want to tell the judge every detail of what led up to a charge. This could include background history, relationship dynamics or other details they believe justify their behavior. Similarly, many people believe that if they have text messages, photos or witnesses, they can simply bring them to court and present them whenever they feel like it. However, evidence must be properly obtained, disclosed, authenticated and introduced in accordance with procedural and evidentiary rules. If those steps are not followed, evidence can be excluded.
There is also a difference between your side of the story and what can be proven in court. A person may be completely confident in their innocence, but the outcome of a case depends on what can be established through admissible evidence and legal argument.
Not only does evidence play a crucial role in the negotiation process of a case, but using a strategy to defend the case is often where having legal experience is critical. Attorneys can recognize when and how facts of a case should be presented during legal proceedings. Beyond that, as we have addressed in other blogs, criminal defense is not always about proving innocence, but about receiving fair consequences for a crime. These could include Intervention in Lieu of Conviction (IILC), rehabilitation instead of incarceration or probation. Attorneys can also recognize weaknesses in the State’s case that will not hold up well in front of a jury.
Some clients do not trust public defenders in Ohio, and others do not have the ability to hire an attorney. Because of this, they end up trying to defend themselves. Many of our clients’ biggest concerns about representation are the costs. We are the first to tell you that hiring an attorney can be a very big investment, but it is up to you to decide if your rights and future are worth it.
Ohio Criminal Defense Resources:
