Should You Get A Public Defender?

California DUI Clinic — Sat, 30 May 2009 15:28:25 +0000

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.

Getting a Public Court Appointed Defender

Should You Get A Public Defender?