Why should you consider hiring a private attorney for your DUI?
If you’ve recently been arrested for a DUI in California, you may be wondering whether or not you need to hire an attorney to defend you at your DUI trial. Perhaps you’re planning to apply for representation from a public defender instead of speaking with a private criminal defense attorney about your case. Whenever you’re facing the possibility of jail time, you will have the right to have legal representation provided to you if you cannot afford it on your own, but that doesn’t mean that it’s always in your best interest to use a public defender. Learn more about why you should consider hiring a private attorney to defend you against charges of driving under the influence in California.
Being assigned a public defender requires meeting strict income requirements. Anyone who has been arrested on criminal charges has the right to be represented in court, but whether or not you have a right to receive a public defender depends on whether or not the court thinks that you can afford to hire a private attorney instead. There is no set income level that the court uses to determine who is eligible; instead, those who wish to have a public defender assigned will complete an application and interview, and the court will consider the applicant’s means relative to how much it would cost to hire a private attorney to defend them on those specific charges.
Public defenders are overworked and will not have the same amount of time to dedicate to your defense as would a private attorney. Public defenders are government employees who receive a salary to represent criminal defendants. Most public defenders have a vast number of active cases at once, making it impossible for them to devote their full attention to each case. Public defenders are more likely to strongly encourage you to take a plea bargain, even if you may have a valid argument to make in defense of the claims you’re facing.
A private criminal defense attorney will be able to devote time and attention to investigating the facts surrounding your case. A private attorney can look closely at your arrest to ensure that it was legal and that the police followed procedure. Additionally, a private attorney can develop possible defenses and continue representing you through a trial on the charges, if you and your attorney agree that you may be able to defeat the charges. A private attorney is available to answer your questions and provide updates on your case status.
If you want representation at an administrative DMV hearing, you will need to hire an attorney. If you live in Southern California, the chances are good that you’re dependent on your driver’s license to get to work or pick up your children from school. Losing your license could have a substantial impact on your day-to-day life, even leading to the loss of a job. A private attorney can accompany you to the administrative hearing before the California DMV on the issue of whether or not your license will be suspended, and can present an argument to the panel on why you should be able to keep driving. Public defenders do not provide representation at administrative hearings before the DMV.
If you are facing criminal charges in California, including charges for DUI or DWI, drug-related charges, or assault, make sure you receive the best possible chance at a positive outcome on your case by contacting the experienced and aggressive Ventura criminal defense attorney Paul Tyler for a consultation on your case, at 805-889-9000.