Q: Can a defendant in a criminal case who is represented by private counsel, help present his defense by cross-examining
certain witnesses and or state the opening or closing arguments himself ? Is there a law or a practice and procedure rule that prevents this type of hybrid representation ?
A: No. You can't. You are in proper person, or you are represented, not both. You certainly can get your questions asked, through your chosen attorney. You can get your arguments raised, through your chosen attorney. Or, you can choose to represent yourself. Good luck.
A: Although highly unusual, and extremely risky for a whole host of reasons, a judge may allow it. That does not mean your lawyer will go along with it. Once a lawyer (or in your case, you) starts examining a witness, no one else can jump in and finish the cross-examination, or make objections, or argue in opposition to an objection. Only one “lawyer” can act with respect to each witness. Without legal training, you do not really know or understand how to ask questions so they are allowed under the rules, or how to articulate what exceptions (there our countless) to the hearsay rules allow you to ask a question that will elicit an otherwise inadmissible hearsay response. Finally, you likely will end up inadvertently waiving your 5th Amendment right not to testify by asking questions that are testimonial in nature, not to mention the incredible risk you take in how the jury reacts to your behavior. Personally, as a lawyer, I cannot imagine ever allowing my client to handle aspects of a case in trial, and would withdraw my representation rather than go forward.
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