QUESTION

Do I need an attorney for a dui?

Asked on Dec 30th, 2010 on Criminal Law - California
More details to this question:
Should i hire an attorney or use the public defender?
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12 ANSWERS

Criminal Trial Attorney serving San Jose, CA at Law Office of Thomas F. Mueller
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If you hire a lawyer he will make sure you don't go to jail and you do have a chance of avoiding a license suspension. In addition you may not qualify for the Pub. Def. As a rule you do not qualify if you have a job. We handle many DUI cases. For additional info or to retain our office, call us.
Answered on Jan 05th, 2011 at 3:43 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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If you can afford a private attorney, you probably do not qualify for a Public Defender.
Answered on Jan 03rd, 2011 at 6:13 PM

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Most Public Defenders are good attorneys and know the workings of the court they are assigned to. Public Defenders however have a huge case load and cannot give your case the attention it may need. If you hire an attorney you will meet with that attorney before your arraignment date. You will have more time to decided what you want to do and have someone that will take you through the process and give you more time to think of what you want to do.
Answered on Jan 03rd, 2011 at 4:43 PM

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Criminal Defense Attorney serving Temecula, CA at Joseph A. Katz Attorney at Law PLC
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It depends. The answer is too complex and involved to reply in writing. You should expect a private attorney to spend more time with you, to be easier to contact and to call you back. You may have a great deal of trouble getting in touch with your Deputy Public Defender, at least until you have set a trial date and he or she needs to confer with you for trial preparation. On the other hand, some private attorneys are just hacks who send you advertising or who practice many areas of law. If the Attorney practices more than a couple of areas, and particularly if Criminal Law is not his or her primary area, or co-primary area, run, don't walk. You will just be giving your money to someone who will only tell you whatever the D.A. is offering. They either will not know how, or won't want to bother, to try to improve the deal, if they even really know what to do with a DUI, which is a highly involved area of law. With the Public Defender's Office, you are generally, but not always, going to get a younger, less-experienced attorney on a misdemeanor. I have seen fantastic work at trial by some Deputy P.D.'s. Just as with private Attorneys, Deputy Public Defenders vary widely in talent, experience, ability, intelligence, motivation and commitment.
Answered on Jan 02nd, 2011 at 1:58 PM

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Geoffrey MacLaren Yaryan
If you can afford an attorney then you do not qualify for a public defender.
Answered on Jan 01st, 2011 at 7:13 PM

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The answer to this question really depends on the several factors: 1. What the charges are. A first offense DUI with only one count may be something that you might attempt to fight in court by yourself. Often there are deals for first-timers that are automatically offered by your county's DA. If you have two or more charges, or this is not your first criminal offense, you may not want to risk "going it alone." 2. Your hometown. Location is important. Some counties prosecute DUI offenses much more vigorously than others. You should talk with others who have been in the same situation. For example, in some counties in California there are no such things as plea bargains for a reduced sentence. 3. The complexity of the incident. Were drugs and alcohol both involved? Was your blood alcohol level high? Did the police conduct an auto search? Did you injure another person or a passenger? Did you cause property damage? All of these issues and more can make the defense of a DUI much more complex. While hiring an attorney is never cheap, we are familiar with the strange world of the courts and how the system works. When you have your first DUI (and hopefully last), you will want to have a good legal advocate who can ensure that you receive the most effective defense available to you. The Public Defender is always a good option, however remember that of then the PD case load is ENORMOUS and you are literally one of 100's in a given month.
Answered on Dec 31st, 2010 at 9:28 PM

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Criminal Defense Attorney serving Westlake Village, CA
Partner at Roberts Law Group
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t is my belief that you should always have an attorney for a DUI.Public defenders are fine attorneys- they have too many files to deal with.
Answered on Dec 31st, 2010 at 8:28 PM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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I recommend hiring a private attorney...at least consulting a dui attorney in your area to discuss your case in further detail. A private attorney can appear in court without you, handle your dmv hearing, protect your license past the 30 day temp license you were given....etc...etc.
Answered on Dec 31st, 2010 at 5:43 PM

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Criminal Law Attorney serving Los Angeles, CA at The Law Offices of Lawrence Wolf
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It is always best to hire an attorney if you can afford it if not then use the public defender.
Answered on Dec 31st, 2010 at 5:28 PM

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Most Public Defendersare fine for a first time DUI as they have plenty of experience. If more complex (ie, a second or third) you mighte conside a private attorney as they have a smaller case load and more time than a P.D.
Answered on Dec 31st, 2010 at 5:13 PM

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If you just want to plead guilty, then the PD will be enough. But if you want to explorer other options to minimize the consequences, including a dismissal, aquittal, or reduction in charge, then you will need to find a DUI specialist. Also note that the PD will not represent you at the DMV hearing, which is completely separate from the court proceedings. In other words, no matter what happens in court, the DMV can (and will) suspend your license.
Answered on Dec 31st, 2010 at 5:13 PM

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The public defender IS an attorney.
Answered on Dec 31st, 2010 at 4:58 PM

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