在美国被抓，请律师，还是不请律师？
在美国被抓，请律师，还是不请律师？
2019年3月30日上海人张瑜晶闯入川普马拉阿哥王宫，触犯刑法，目前正在刑事司法程序阶段。就张女士要不要请律师、能否不请律师的问题，我们来看看庭审法官和张女士的对话。.
在美国被抓，请律师，还是不请律师？
李忻 律师
2019年3月30日上海人张瑜晶闯入川普马拉阿哥王宫，触犯刑法，目前正在刑事司法程序阶段。就张女士要不要请律师、能否不请律师的问题，我们来看看庭审法官和张女士的对话。
佛罗里达州劳德代尔堡--2019年6月12日。
法官周二裁定，一名被控非法进入唐纳德·特朗普（Donald ·Trump）总统的Ma-ra-Lago度假胜地的中国妇女将被允许自任辩护人。之前法官一直劝说张女士要请律师，因为她法律概念不清、英语口语很差。
这次开庭，美国联邦地方法院法官瑞·奥尔特曼/Roy Altman发现张女士还行，而且聪明，因此同意了她的请求，她可以解雇她的官派公职律师（拿政府工资，免费为百姓辩护的律师），自己为自己辩护，这也是她的合法权利。但是法官也要求她的官派律师随时待命，坐在法庭后排。如果张女士请求帮助，他们就要上来帮忙。如果张女士感觉太困难，无法应对开庭，可以改变主意，官派律师就得恢复工作，为她辩护。
33岁的上海张女士对指控3月30日非法闯入马拉阿哥“王宫”的犯罪以及指控在特工面前撒谎的犯罪不不予承认。经查，发现张女士带了一台电脑、手机和其他电子产品，在她的酒店房间里有额外的设备和大量的现金。但是张女士没有被指控从事间谍活动。如果罪名成立，张女士将面临长达6年的监禁和25万美元的罚款。她现在被关押，没有保释。
奥尔特曼法官说：“我认为她做了一个非常糟糕的决定，但我也认为这个决定是她自己真心的决定”。
法官在长达一个小时的开庭过程中尽力劝阻张女士。但张女士坚持说几年前她学了几个月的中国法律，自从她被捕后，她也阅读了一些美国的法律书籍和文章（要知道，美国律师通常在法学院学习三年，必须通过律师考试，然后通常先和经验丰富的律师一起工作一段时间，再自己独立办案）。
张女士穿着灰色的囚服，手脚被铐着。她坚持开庭不用中文翻译。尽管她的英语很成问题。比如，她不知道到Counselor也是律师的意思。不过，她还是一再告诉奥尔特曼法官她能听懂他所说的。奥尔特曼法官只好顺从张女士的意愿，碰到弄不明白啥意思时，他只好不断重复询问。
奥尔特曼向张女士介绍了如何逐步推进审理：选择陪审团、公开陈述和最后辯论、询问和盘问证人、提供证据。他给了张女士一摞3英寸厚（8厘米厚）的书，这些书是关于陪审团的程序规范和指导陪审团如何做出决定的。
法官郑重提醒张女士说，每个领域都有复杂的规则，必须严格准守。当检察官不反对某些问题、事实、程序的时候，她自己得提出反对。法官是帮不了她的。
张女士回答说：“我没有问题，能對付的”。
当法官告诉她检察官会给她所有他们用来证明她有罪的证据，但也会提供他们所拥有的任何可能证明她无罪的证据时，张女士似乎很惊讶。
“政府会给我提供好与坏两方面的东西吗”？她问。
“这听起来是不是一个很神奇的制度”？ “这可是检察官的法律义务啊”。法官回應道。
阿尔特曼法官指出，她的公职律师Kristy Militello和Robert Adler是优秀的律师，已经为她做了一些出色的工作。他们现在自由了。法官说“你现在只好自己应对了，没有人陪你了”。张女士听了后，笔直地站着。
当阿尔特曼法官允许Militello和阿德勒两位律师退出庭审，进入待命状态后，他们离开了被告人这一排，退到张女士身后两排。
奥尔特曼叫他们向张女士提供法律书籍。法官叫张女士研究这些书、阅读和审查证据。
开庭结束后，法官将下一个开庭日期定在8月19日，并告诉张女士，她有两个月的时间准备。她问能否更改日期。法官回答说：“也许”，并问张女士是不是需要更多的时间准备下一次开庭？
张女士说："不用"。她可能真的希望下个月就再次开庭。
奥特曼法官说：如果真想下个月开庭，请说（2019.06.13）。
附上报道原文：
By TERRY SPENCER, ASSOCIATED PRESS
FORT LAUDERDALE, Fla. — Jun 12, 2019, 4:21 AM ET
A Chinese woman charged with illegally entering President Donald Trump's Mar-a-Lago resort will be allowed to act as her own attorney, a judge ruled Tuesday after strenuously trying to talk her out of it as she struggled with legal concepts and spoken English.
U.S. District Judge Roy Altman found Yujing Zhang to be competent and intelligent, granting her request to fire her public defenders and be her own lawyer, as is her legal right. But he also ordered her attorneys to remain on standby, sit in the gallery at all hearings, assist if she requests help and resume their roles if she finds the task too difficult and changes her mind.
Zhang, a 33-year-old Shanghai business consultant, has pleaded not guilty to charges of trespassing March 30 at Mar-a-Lago and lying to Secret Service agents when they confronted her. They say she was carrying a computer, cellphones and other electronics and had additional gear and significant cash in her hotel room, but she has not been charged with espionage. Zhang faces up to six years in prison and $250,000 in fines if convicted. She is being held without bond.
"I think she is making a very bad decision, but I also think the decision is her own decision," Altman said.
The judge did his best during the hourlong hearing to dissuade Zhang, but she said she had studied Chinese law for a few months several years ago and has done some reading on American law since her arrest. U.S. attorneys typically attend law school for three years and must pass a bar exam. They usually then work with experienced lawyers before trying cases on their own.
Zhang, dressed in a gray jail jumpsuit with her arms and legs shackled, also insisted that the hearing be conducted without a Mandarin translator, but she struggled at times with the English language, such as when she failed to recognize that "counselor" is a synonym for lawyer. Still, she repeatedly told Altman she understood him. For his part, Altman repeated himself when it seemed he had doubts.
Altman covered step-by-step how a trial would be conducted: with jury selection, opening statements and closing arguments; witnesses questioned and cross-examined; and evidence presented. He showed her the 3-inch-thick (8-centimeter-thick) books governing jury instructions and sentencing.
He warned there are complicated rules governing each area. She would have to follow them, Altman told her, and it would be up to her to object when prosecutors didn't. He said he would not be able to help her.
"I can work it out," she replied.
He seemed to surprise her when he told her that prosecutors would give her all the evidence they expected to use to prove her guilt, along with any evidence they have that might show her innocence.
"The government will provide me both the good things and the bad things?" she asked.
"Isn't it an amazing system?" he replied. "That's their obligation under the law."
Giving Zhang one last chance to change her mind, Altman pointed out that her public defenders, Kristy Militello and Robert Adler, are good attorneys and had already done some excellent work on her behalf. And they are free, he said.
"You will sit by yourself," he told her. She stood firm.
When Altman demoted Militello and Adler to standby status, they moved into the gallery, two rows behind Zhang.
Altman ordered them to provide Zhang with law books. He told Zhang to study the books and to read and examine the evidence.
As the hearing ended, the judge set a trial date of Aug. 19, telling Zhang she had two months to prepare. She asked if that date could be changed. Altman said maybe; did she need more time than that?
Zhang said no; she might actually want the trial to start next month.
Altman said to let him know.