Must I Hire an Attorney?
Is it necessary that I have an attorney if charged with a crime?
The simple answer is no. You do not need an attorney. But in reality, there is a lot at stake, even if you believe you are innocent. If you think prosecutors always play fair, you may want to reconsider after reading this.
Former Sen. Ted Stevens, victim of prosecutorial misconduct
Generally, attorneys are a self-regulated profession. That means that in cases where attorney misconduct is alleged, the attorney is held to answer before the appropriate state bar licensing authority. Penalties can range from reprimand to temporary or permanent loss of license to practice law. People often think of attorney misconduct only when their own attorney does something wrong. However, in criminal cases it is sometimes the prosecutor that commits misconduct (prosecutorial misconduct) that prejudices the defendant, and not the defendant’s criminal defense attorney. The defense attorney is the strongest safeguard to protect a defendant from prosecutorial misconduct.
In one recent incident, United States Senator Ted Stevens, from Alaska, was the victim of very serious prosecutorial misconduct. As with Senator Ted Stevens, one very important reason why every criminal defendant should have an attorney is to guard against prosecutorial misconduct. In Senator Stevens case, although he was convicted first, before the misconduct was discovered, the conviction was ultimately thrown out. Senator Stevens’ case begs the very real question, “If respected prosecutors are willing to risk misconduct against a high profile 50 year United States Senator, aren’t the odds for misconduct greater in cases where the defendant isn’t well known or famous?”
Details are here: USA vs. Ted Stevens
