Guide to Self-Representation

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Judith Mason
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Guide to Self-Representation

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Some of the information contained on this page may be out of date - please reach out to a member of the Judicial Branch for further clarification.
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Superior Court of San Andreas
Self-Representation Database

Introduction
The Guide to Self-Representation contains all of the information you will need to be able to represent yourself during court proceedings for a criminal trial. This guide will walk you through how information is submitted to the docket, how documents are admitted into evidence during the discovery phase, how plea bargaining can be an effective tool to use in favor of your client, and the steps taken during a criminal trial.
The Court System
The San Andreas Judicial Branch is separated into three distinct courts: the Superior Court of San Andreas, the San Andreas Court of Appeals, and the Supreme Court of San Andreas. Each court has its own requirements on how cases are accepted and handled, with cases first being heard in the Superior Court, decisions from the Superior Court may be appealed to the Court of Appeals, and an appeal of a decision from the Court of Appeals may be made to the Supreme Court.

Superior Court of San Andreas
  • The Superior Court of San Andreas is the trial court that members of the public will interact with most often. The Superior Court has what is called "Original Jurisdiction" in the majority of situations, meaning they are the lowest court that hears the case first, with the Superior Court being where a traditional trial for both civil and criminal cases are held.
San Andreas Court of Appeals
  • If a judge presiding in a Superior Court case makes a decision in the trial court that one party is not happy with, that party can submit an appeal of the decision in the San Andreas Court of Appeals. Not every decision is appealable, however, as the Double Jeopardy rule states, a citizen may not be placed in jeopardy of life or limb twice for the same offense, meaning that only the defendant may appeal a decision made after the issuance of the verdict. More information can be found in the San Andreas Court of Appeals - Notice of Appeal Filing Information.
Supreme Court of San Andreas
  • The Supreme Court of San Andreas is the court of highest authority within the State. All decisions made by the Supreme Court are binding to all lower courts and cases brought to the Supreme Court have the chance to overturn a ruling made in the Court of Appeals. The distinct difference in the high court, however, is that cases go through a much more stringent process and the Supreme Court is not required to review any case. More details can be found within the Supreme Court of San Andreas information page.
The remainder of the information found within this document pertains to a Criminal Trial held in the Superior Court of San Andreas.
The Docket
The docket is considered to be the living document dedicated to a particular case. All information in a case that is able to be publicly released should be found on the docket. In addition to evidence, when the time comes, the docket will also list information such as confirmation of who is representing which party in a case, administrative concerns like scheduling, any motions by either party, and all court decisions will all be posted to act as the public record for the case.

The first step in a Criminal Trial is the filing of a Criminal Case using the format and guidelines provided in the Superior Court of San Andreas - Criminal Court Filing Information. Information submitted in this document includes contact information for the defendant, a date and time of when the incident occurred, which law enforcement officers were involved, and a narrative section to give the Court an idea about what the case is regarding.

Once an Criminal Case has been filed, representation will be appointed for both parties. Should the defendant choose to do so, they may opt for self-representation for any number of reasons, and the court must afford them this right.

When the time comes, a judge will be assigned to the case and will "activate" it, moving it from it's original location into the Active Criminal Cases section. Once a Judge activates the case, the judge will assign a docket number to reference the case by, and open the discovery period so motions will be able to be submitted to the docket for the Court's review.
Evidence
The heart of the case is the presentation of evidence. There are two types of evidence - direct and circumstantial.
  • Direct evidence usually is that which speaks for itself: eyewitness accounts, a confession, or a weapon.
  • Circumstantial evidence usually is that which suggests a fact by implication or inference: the appearance of the scene of a crime, testimony that suggests a connection or link with a crime, physical evidence that suggests criminal activity.
Both kinds of evidence are a part of most trials, with circumstantial evidence likely being used more often than direct. Either kind of evidence can be offered in oral testimony of witnesses or physical exhibits, including fingerprints, test results, and documents. Neither kind of evidence is more valuable than the other.
The Discovery Phase
In the discovery phase, parties will have the opportunity to admit documents, information, and materials into evidence for review by the Court. The way to formally introduce anything into evidence is through a Motion for Discovery. In this submission, you will provide the particular evidence in question and a detailed reason why the document is relevant to the case. If the Judge deems the presented information as relevant, then it will be admitted into evidence.

If your party is seeking information from the opposing side, then a Motion to Compel Discovery must be filed to formally request that information. The court will then review the request to determine if the requested information is relevant and whether or not the disclosure of the information is mandatory. If it is irrelevant or the disclosure is not mandatory then the motion will be denied, otherwise it may either be granted or a hearing may be requested to hear oral arguments to determine if the motion should or should not be granted.

Keep in mind that the burden of proof is on the side of the prosecution in a criminal trial; they move prove to the Judge that the defendant did commit the crimes alleged beyond a reasonable doubt.
Other Motions
In addition to the discovery motions in the previous section, the following motions may also be relevant to your case:
  • Motion to Suppress
    • This motion is used to exclude certain evidence from consideration by the judge during trial. Typically, a Motion to Suppress would be used in cases where evidence has been obtained unlawfully, but may also be used for other reasons to directly challenge a piece of evidence.
  • Motion for Summary Judgment
    • This motion is a way to petition the judge to resolve the case at a hearing rather than moving forward to trial. This is usually done in cases where one side does not have any chance to prevail at trial.
  • Motion for Involuntary Dismissal
    • This motion is a petition to the judge to dismiss the case based on the opposing side's: noncompliance with a court order, unreasonable delay during the case, or failure to make contact with the court.
  • Motion to Stay Pending Appeal
    • This motion is submitted when one party has filed a Notice of Appeal in the San Andreas Court of Appeals; the motion informs the Judge not to proceed with the case until the appeal has been concluded.
To see a list of all pre-made motion templates, see the Court Motions page.
Hearings
The purpose of a hearing is to clear up any legal dispute that may be had between parties that need to be decided before trial. As these hearings are considered court proceedings, it's important to note that you should be dressed in formal attire and to act professional throughout the entire proceeding. Additionally, you should refer to the presiding Judge as nothing other than 'Your Honor' to show them the highest respect while court is in session.
Plea Bargaining
When dealing with criminal cases, an alternative route the defendant can take instead of trial is that of negotiating a plea agreement through the means of prosecutorial discretion. What this means is if the defendant and the prosecution in a particular case can agree on certain terms, then they will be able to settle the case without having to go to trial. A plea bargain can be offered by either side, but the agreement must be mutual and then signed off by a Judge to be legally binding. Keep in mind that a plea bargain can be accepted at any time prior to the issuance of the final verdict.

Oftentimes, an agreement may require that the defendant plead guilty to certain charges in exchange for the more serious charge to be dropped - this leads to a faster outcome and the level of prosecution can be tailored to more specific circumstances as the trial moves forward. To read more about this topic, see Plea Bargaining and Prosecutorial Discretion.
The Trial
When the discovery phase has ended and all other pre-trial matters have been resolved, the case will move to trial. This is the opportunity for the parties involved to present their case to the judge, including presenting previously disclosed evidence, calling any witnesses to be examined, and giving opening and closing statements to convince the judge that their side should prevail.

The trial is broken down into the following sections:
  1. Meeting in Chambers
    • On the day of the trial, the Judge will likely request a meeting with all those involved to ensure everybody is ready to go so there will be no unexpected hiccups after the proceedings have begun. Generally this will take place in the moments leading up to the scheduled trial time and is mostly regarding administrative concerns rather than that of a legal basis. At the end of this meeting, the Judge will ask you to take your seats in the courtroom while final preparations are made.
  2. Introduction
    • Once everybody is ready to go, the Head Bailiff will call for order in the court and will then outline the rules and regulations that all in attendance must abide by for the duration of the trial. When the Judge enters the room after the conclusion of this address, all must rise until the presiding Judge takes his or her seat at the bench.
  3. Opening Statements
    • An opening statement is generally the first thing to be heard from a lawyer in a trial. The opening statement is generally constructed to serve as a "road map" for the fact-finder. Though these statements may be dramatic and vivid, they must be limited to the evidence reasonably expected to be presented during the trial.

      Opening statements are not permitted to be argumentative, or suggest that fact-finders should draw from the evidence they will hear. Objections, though permissible during opening statements, are very unusual, and by professional courtesy are usually reserved only for egregious conduct.

      Generally, the prosecution in a criminal case is the first to offer an opening statement, and defendants go second. Defendants are also allowed the option of delaying their opening statement until after the close of the prosecution's case. Few take this option, however, so as not to allow the other party's argument to stand uncontradicted for so long.
  4. Direct Examination
    • Counsel for the prosecution begins the presentation of evidence by calling witnesses. The questions they ask of the witnesses are direct examination. Direct examination may elicit both direct and circumstantial evidence. Witnesses may testify to matters of fact, and in some instances provide opinions. They also may be called to identify documents, pictures or other items introduced into evidence.

      Generally witnesses cannot state opinions or give conclusions unless they are experts or are especially qualified to do so. Witnesses qualified in a particular field as expert witnesses may give their opinion based on the facts in evidence and may give the reason for that opinion.

      Objections may be made by the opposing counsel for many reasons, such as asking leading questions, questions that call for an opinion or conclusion by a witness, or questions that require an answer based on hearsay.

      A legal reason must be given for an objection. Usually, the Judge will immediately either sustain or overrule the objection. If the objection is sustained, the lawyer must re-phrase the question in a proper form or ask another question.

      To learn more about objections, see the page on Court Objections.
  5. Cross-Examination
    • When the attorney for the prosecution has finished questioning a witness, the defense attorney may then cross-examine the witness. Cross-examination is generally limited to questioning only on matters that were raised during direct examination. Leading questions may be asked during cross-examination, since the purpose of cross-examination is to test the credibility of statements made during direct examination. Another reason for allowing leading questions is that the witness is usually being questioned by the lawyer who did not originally call him or her, so it is likely that the witness will resist any suggestion that is not true.

      When a lawyer calls an adverse or hostile witness (a witness whose relationship to the lawyer’s client is such that his testimony is likely to be prejudicial) on direct examination, the lawyer can ask leading questions as on cross-examination.

      On cross-examination, the attorney might try to question the witness's ability to identify or recollect or try to impeach the witness or the evidence. Impeach in this sense means to question or reduce the credibility of the witness or evidence. The attorney might do this by trying to show prejudice or bias in the witness, such as his or her relationship or friendship with one of the parties, or his or her interest in the outcome of the case. Witnesses may be asked if they have been convicted of a felony or a crime involving moral turpitude (dishonesty), since this is relevant to their credibility.

      Opposing counsel may object to certain questions asked on cross-examination if the questions violate the state's laws on evidence or if they relate to matters not discussed during direct examination.
  6. Closing Statements
    • The closing arguments or summations discuss the evidence and properly drawn inferences. The lawyers cannot talk about issues outside the case or about evidence that was not presented.

      The lawyer for the prosecution usually goes first. The lawyer sums up and comments on the evidence in the most favorable light for his or her side, showing how it proved what he or she had to prove to prevail in the case.

      After that side has made its case, the defense then presents its closing arguments. The defense attorney usually answers statements made in the prosecution's argument, points out defects in their case and sums up the facts favorable to his/her client.

      The prosecution is then given an opportunity to rebut what was said by the defense, this is a chance to respond to the defendant’s points and make one final appeal to the Judge.
  7. Deliberation/Recess
    • At this point in the trial, both sides have presented their entire case to the Judge and now it is up to him or her to make a final determination. As this decision may have profound impacts on those involved in the case, a recess will be called for the Judge to weigh the evidence and testimony provided during trial before issuing a verdict. The recess between closing statements and the verdict can vary from Judge to Judge and may also vary on a case-by-case basis, but at least 15 minutes is allotted for deliberation.
  8. Verdict
    • After the Judge has taken the time for deliberation and has come to a conclusion, the Court will be called to order and the Judge will present its findings in open court.

      If the defendant is found guilty on all counts, the charges on his or her record will remain and he or she may be subject to additional fines levied by the court for processing the case and utilizing branch resources as outlined in the appeal guidelines.

      If the defendant is found not guilty on any charge, that charge will be removed from his or her record and they will be compensated for the fines paid in relation to the charge and restitution in the amount of $100 per day (( minute )) spent in detention.
Conclusion
As is with the nature of self-representation, there may be some things that are unclear or may require additional explanations as you might not have gone to law school. If this is the case, please inform the Judge so that he or she can explain a particular aspect of the Court so that the process is clear.

It is your right, as a defendant, to be able to represent yourself and being aware of how the Judicial Branch is operating in relation to a case that you are a party to is an important aspect of that. The caveat to this is that because you are choosing to represent yourself and thus are waiving the right to counsel, the Court will not accept any appeal nor petition to reopen the case if ever there was a question of inadequate representation.
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Last edited by Judith Mason on Fri Mar 11, 2022 5:41 am, edited 1 time in total.
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