Defendants faced with the possibility of going to jail or prison should almost always hire an attorney, unless they qualify for the free or reduced-fee services of a public defender or court-appointed attorney. The truth is, no matter what the person's intelligence or educational background, the criminal justice system makes it virtually impossible to do a competent job of representing oneself. Each criminal case is unique, and only a specialist who is experienced in assessing the particulars of a case -- and in dealing with the many variables present in every criminal case -- can provide the type of representation that every criminal defendant needs to receive if justice is to be done.

Criminal defense lawyers do much more than simply question witnesses in court. For example, defense lawyers:

• negotiate "deals" with prosecutors, often arranging for reduced charges and lesser sentencing (by contrast, prosecutors may be uncooperative with self-represented defendants)

• formulate sentencing programs tailored to a client's specific needs, often helping defendants avoid future brushes with the criminal justice system

• help defendants cope with the feelings of fear, embarrassment and reduced self-esteem that criminal charges tend to produce in many people

• provide defendants with a reality check -- a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial. This perspective is vital for defendants trying to decide whether to accept a prosecutor's offered "plea bargain"

• are familiar with important legal rules that people representing themselves would find almost impossible to locate on their own, because many criminal law rules are hidden away in court interpretations of federal and state constitutions (for example, understanding what may constitute an "unreasonable search and seizure" often requires familiarity with a vast array of state and federal appellate court opinions)

• are familiar with local court customs and procedures that aren't written down anywhere (for example, a defense lawyer may know which prosecutor has the "real" authority to settle a case, and what kinds of arguments are likely to appeal to that prosecutor)

• understand the possible "hidden costs" of pleading guilty which a self-represented person might never think about

• spend time on a case that a defendant cannot afford to spend

• gather information from prosecution witnesses, who often fear people accused of crimes and therefore refuse to speak to people representing themselves, and

• hire and manage investigators, who may be able to believably impeach (contradict) prosecution witnesses who embellish or change their stories at trial.