what if i can't afford a lawyer for a dui

by Dr. Jessika Kuhic 10 min read

If you’re arrested for a DUI and you can't afford an attorney, the government will pick up the tab and provide you with a lawyer (called a public defender, or “PD”). A public defender is provided because the Supreme Court has ruled that persons facing possible jail time have a right to court-appointed counsel.

Full Answer

What do I do if I don't have a lawyer?

Still, whether it's a divorce or you're being taken to court for something else, if you don't have a lawyer, a logical move would be to call the courthouse and ask who they would suggest going to. You think you're the first person who couldn't afford a lawyer?

What happens if you can't afford a lawyer?

In a criminal proceeding, if you can't afford legal assistance, a court will appoint an attorney for you. In a civil case, generally described as a dispute between two private parties, to get legal representation, you have to get creative. Here's how to find legal help if you can't afford a lawyer: Contact the city courthouse.

How can I get a lawyer for free?

Here's how to find legal help if you can't afford a lawyer: Contact the city courthouse. Seek free lawyer consultations. Look to legal aid societies. Visit a law school. Contact your county or state bar association. Go to small claims court.

Do you have too much money to get legal aid?

While this is certainly worth exploring, the problem for many households is that the individual or couple makes too much money to qualify for help. And even if you have a low income, it doesn't necessarily mean you'll receive legal aid.

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What to do if judge finds you indigent?

If the judge finds you are indigent you may be appointed a public defender. If you are not indigent, I strongly recommend you consult with an attorney. The judge will give you plenty of time to find an attorney . An attorney can give you a fair evaluation of your case, the options available and possible outcomes. Even if this attorney does not end up representing you in court, he can provide valuable guidance to you on...

Can I get a free consultation with a DUI attorney?

Most criminal defense and DUI attorneys offer a free consultation. It would , at the very least, be worth your time to meet with an attorney for a free consultation. There are a number of possible legal challenges to at least consider. You may also want to apply for a public defender...

Why do you need a private attorney?

One reason that weighs in favor of hiring a private attorney is to represent you in administrative DMV hearings. A private attorney can represent you at both the court and DMV hearings, but a PD will represent you only in court (because the DMV hearing has no potential for jail time).

Why do we need a public defender?

A public defender is provided because the Supreme Court has ruled that persons facing possible jail time have a right to court-appointed counsel. You don't get to choose the PD; the government selects one for you. A public defender is provided because the Supreme Court has ruled that persons facing possible jail time must have an adequate defense.

Why do PDs make plea deals?

Because the government pays your public defender, some defendants are concerned that plea deals may be made in the government's best interest—that is, maybe PDs don’t want to risk upsetting the people who sign the paychecks so they make deals that are better for the prosecution than the client.

Can I get a public defender if I have a fixed income?

There is no fixed amount of income or assets that makes someone eligible or ineligible for public defender representation, except that persons receiving needs-based government assistance (such as SSI, TANF, and other payments) are usually eligible. Typically, you must go through a financial screening process to see if you are eligible.

Is there a fixed amount of income for public defenders?

There is no fixed amount of income or assets that makes someone eligible or ineligible for public defender representation, except that persons receiving needs-based government assistance (such as SSI, TANF, and other payments) are usually eligible.

Do you have to pay a partial fee to a public defender?

In some areas, you may be asked to pay partial fees to the public defender's office, depending on your income.

Is a Public Defender as Good as a Private Attorney?

It's hard to definitely say whether hiring a private attorney will get you a better outcome than a public defender. However, her are some factors you might want to consider.

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