By Elizabeth Cho and Mella Bettag
FRESNO – Dontrea Castro is charged with misdemeanor loitering to commit prostitution—but despite having no real higher education, legal education, or legal experience at all, Castro wants to represent herself.
And, after a lengthy discussion, the Fresno County Superior Court judge agreed to do just that.
“I feel like my rights were violated. I don’t feel like I broke any laws or whatever,” Castro told the court.
But Fresno Superior Court Judge William Terrence wanted to make sure that Castro understood the ramifications of her denying her constitutional right to a right to an attorney. And, as Judge Terrence warned, “the pitfalls and dangers” of self-representation.
Terrence noted that she would be going against a trained and experienced attorney and that the court would make no exceptions for Castro. The judge also explicitly told Castro that she would be at a “significant disadvantage” and strongly encouraged her to get a lawyer multiple times.
But Castro saw it otherwise, claiming, “I don’t really see it as a… what you might call a disadvantage. I mean, I have really good communication skills; I always have. And I feel like I can be representative of my true self.”
After determining Castro’s educational level—a high school diploma along with some college education in dentistry—Judge Terrence questioned her about her specific legal knowledge.
“This court, nor any other court… would be allowed to help you or to explain legal terms to you. You would be responsible for knowing all of the lingo, so to speak, and to apply it the same as any other attorney,” the judge said.
Castro revealed that she had almost no legal knowledge. “As far as my constitutional rights in the courtroom… I don’t understand in any way,” she said.
When asked why Castro had refused legal representation, she said she could not afford it. Terrence reminded her that she had access to the Public Defender’s Office, where they could represent her for free.
But Castro stated that in her previous experiences with public defenders, one didn’t represent her and communicate with her adequately, leading her to refuse one now.
“I felt like I wouldn’t be defended. Like they couldn’t defend me because they weren’t there when [I was arrested]. They don’t know what happened, but I do, and I want to speak for myself,” she said.
Judge Terrence decided to push his decision to later that afternoon.
At that time, he again asked Castro if she understood that she would be at a distinct disadvantage without a professional attorney. To this, she replied, “I guess you could say that. I don’t really feel like that, but if you say that, I understand.”
Before Terrence made his decision, he also made a note to clarify with Castro about the terms of her sentence, if she was found guilty. Castro had originally thought that a maximum sentence for the misdemeanor would be to “abide by a paper contract to not do the [misdemeanor again].
The judge clarified and emphasized that the maximum sentence would be six months in the Fresno County Jail—but Castro again denied legal representation.
And after a lengthy discussion, Judge Terrence finally decided to allow Castro to act as her own attorney, making sure to put on the record multiple times that he had encouraged her to do otherwise.
The court then proceeded with Castro’s arraignment, but not without difficulty.
It appeared that Castro was not entirely sure of what an arraignment meant and did not have the appropriate documents. She attempted to use some court jargon, but did so incorrectly, which further confused the court.
After receiving the documents, Castro finally pleaded not guilty. Her pre-trial hearing is set for September 3 and her jury trial is set for September 17, where she will defend herself.
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