The Truth of Consequences: Why "How Could This Possibly Go Wrong?" Is a BAD Question

Note: this is another in a series of posts about factors you may want to consider before going pro se, or self-represented.

It occurs to me that of the factors I have presented for your consideration, most of them fall under "cost" rather than "benefit" for purposes of the "cost-benefit analysis." I will fix that.

In any case, before making the decision to go pro se, there is also the question of the things that might happen if you lose. Can you live with those consequences? This factor is closely related to my "costs" analysis I talked about before, but now we are talking more about what you may have to lose if you are on the receiving end of the legal system.

As I mentioned previously, it is an entirely different matter if you are on the other end of a $500 lawsuit, as opposed to a large tax lien, a lawsuit arising out of an auto accident, or even a criminal charge which could subject you to jail time. We pretty much talked about the civil context in a previous post, so let me move to the criminal context for just a moment.

Criminal charges almost always carry the possibility of jail time. Now, I'm not talking about parking tickets or speeding tickets. If you hear your name tossed in with a word like "misdemeanor," "felony," "indictment," or "disorderly persons offense," that's more along the lines of a criminal legal situation. In New Jersey, you may be entitled to counsel for most criminal offenses. If you are unable to afford counsel, counsel will be provided to you. However, please note that you do not get your choice of counsel if it has to be provided to you.

If you are facing a serious criminal offense and the potential exposure involves the real possibility of jail time, you need to seriously consider getting a lawyer for yourself. Public defenders are usually seasoned and knowledgeable defense attorneys, but they are hampered by a lack of resources and a huge caseload. If you are paying someone, chances are they will have a much lighter caseload than a PD.

Bottom line, once again: if you find yourself in a legal mess, don't move a muscle without considering the impact it might have on you for days, weeks, or years to come. Facing a large civil judgment on your assets will put a big damper on everything from your family vacations to your weekly paychecks. Facing a stretch of jail time? Goes without saying.