Should
You Get A Public Defender?
If you've just been
arrested for DUI, the advantages of a Public Defender are that they are
legally qualified to defend you.
And, depending on your
financial situation, you may only have to pay a portion of their fee or
none at all if you are indigent.
In order to receive the
services of the Public Defender, you must fill out a form for the court
which lists all your income and assets.
The judge then
evaluates
your financial statement and decides if you should be appointed a
Public Defender.
If you make too much
money (according to the court), you may be required to get a private
attorney.
If you understate your
financial resources because you don’t want to hire a private attorney,
you may be charged with falsifying information to the court.
There are several
potential disadvantages to using a Public Defender.
Sometimes there is a
lack of personal attention and counseling time.
Many Public Defenders
are overworked and normally handle a high volume of cases at a time, as
many as 50 to 100 in some counties.
As a result, you may be
left with the feeling that your case is not receiving the full
attention it deserves.
Their legal
representation is often quite good, but since they have so many cases,
they often have to cut back somewhere.
When they have less
time, they often cut back on consultation time with clients. So they
may not give you the quality consultation time that you feel you may
need.
This means that your
Public Defender may never have even met or talked with you before you
must appear in court together.
If you have questions
and concerns before your court date, you may not have the opportunity
to get them answered.
Misdemeanor cases,
including DUI, are often used as a “training ground” for new lawyers.
Many new Public
Defenders get their first real court experience on your type of case.
To ensure you are
adequately represented however, new lawyers are supervised by competent
and experienced attorneys.
For many people, the
biggest drawback to a Public Defender is that they cannot represent you
at the DMV. The law does not provide for a free, appointed lawyer at
the DMV.
If it is important for
you to retain your driving privileges, you to need hire a lawyer to
represent your interests at the DMV.
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Please consult a qualified DUI attorney regarding any legal issue
before proceeding.
DUI information for the following
California
counties: Alameda, Alpine,
Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado,
Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los
Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono,
Monterey, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento,
San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San
Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta,
Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity,
Tulare, Tuolumne, Ventura, Yolo and Yuba
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