Asked 2/5/2016 – Dallas, TX

My son went to jail and was charged with burglary of a habitation. This is his first time ever going to jail for anything. A friend of his step sister asked him for a ride to work. Well he had my son to take him by an apartment to get something. Well when they were leaving the apartment complex the security guard stopped them and called police.

Answer

Your son has a constitutional right to represent himself in this case. If he does, however, he is on his own. The Judge or prosecutor will not advise him any way, about what he should do, what he should file, what papers he needs, etc. This is a felony charge he is facing, and he makes any errors, he could go to prison for up to 20 years. From what you describe, he may have a defense to the charge, so yes, he does not HAVE to hire an attorney but yes, he really NEEDS an attorney. At the very least, call a local lawyer and set up a consultation to review your case.