what will the judge do if no lawyer for dui

You will not be jailed because you didn't hire an attorney. The judge may continue the arraignment so that you have time to hire a private attorney, or refer you to the public defender's office to see if you qualify for their services. The judge will probably give you the option between the two, and set a future date in your case.

Full Answer

What kind of attorney do I need for a DUI case?

When you plead guilty or no contest to a DUI charge, the judge will find you guilty and the court clerk will enter a conviction. This conviction is exactly the same as a conviction resulting from a guilty verdict at trial. Generally, DUIs are misdemeanor criminal offenses.

Should I take my DUI case to trial?

Apr 09, 2017 · What happens in DUI court. You will be arraigned by the judge. You can ask to be released on personal recognizance. You will find out your charges. Your case will either be tried or settled before trial. Do not do this without a lawyer- this is a tricky process with many consequences. You need a DUI lawyer

When do you plead guilty or no contest in a DUI case?

A lack of legal knowledge and trial skills will put you at a severe disadvantage in court. And judges typically have little patience for self-represented defendants who don't know the rules of court. The bottom line is you don't want to try a DUI case on your own—if you're going to trial, you should have an attorney.

Can I represent myself in court for a DUI charge?

Jun 25, 2015 · An initial consultation is often free, so you can see if the attorney is a good fit for you. Some attorneys do charge for the initial consultation but will apply the fee to the cost of your case if you hire them. In many cases you won’t need an attorney for a first offense DUI. But if your case isn’t straightforward, an attorney may be able ...

You need a DUI lawyer

You may not have meant to drive under the influence. However, it occurred and now you’ve been charged with a DUI offense. It happens. Many of our clients don’t realize that they’ve gone over the limit before getting behind the wheel. They make the wrong decisions and then get arrested for drunk driving.

Do You Need DUI Legal Help?

As you can see, there is a lot to a DUI charge. There are a lot of steps and there’s quite a bit of red tape. It’s important to hire a lawyer who’s worked hundreds of DUI cases or even thousands.

Get the Right Legal Defense

You made a mistake when you drove under the influence. However, you don’t need to make any more mistakes. By choosing lawyer Dan Griffin today, you’ll be able to do something good for yourself. You’ll give yourself the highest level of legal protection as you prepare for your court appearances.

What does a private DUI lawyer do?

Private Lawyers. When you hire a private DUI lawyer, it's typically to represent you in DMV proceedings and criminal court. Having the same attorney work on both aspects of your case can lead to better outcomes, including a shorter license-suspension period.

How much does it cost to hire a DUI lawyer?

Hiring a private DUI lawyer will generally cost you between $1,000 and $5,000. If your case goes to trial, it can be even more expensive. (And there are cases where spending the money for a private lawyer won't get you a more favorable outcome than had you gone with the public defender.)

What is a public defender?

Public defenders handle a large number of criminal cases, including lots of DUIs. So, most public defenders are quite familiar with DUI law and defenses. Public defenders are generally well acquainted with the district attorneys and judges and know their tendencies—knowledge that can be beneficial for plea bargaining.

What is a standard first DUI?

Generally, an offense is considered a "standard first DUI" if the offender has no prior DUI convictions and the offense didn't involve any aggravating factors such as accidents, injuries, or a particularly high blood alcohol concentration ( BAC ).

Do all criminal defendants have the right to an attorney?

Generally, all criminal defendants have the right to an attorney. If you can't afford to hire your own lawyer, the court will appoint one for you. Appointed attorneys are normally from a public defender's office.

Should I have an attorney for a DUI?

The bottom line is you don't want to try a DUI case on your own—if you're going to trial, you should have an attorney. Protect Yourself. Talk to a Lawyer About Your Case. Enter Your Zip Code to Connect with a Lawyer Serving Your Area. Practice Area.

Can you represent yourself in a DUI trial?

Though you're entitled to represent yourself in a DUI trial, it's almost never a good plan. The learning curve for trial practice is steep and usually comes only with considerable experience. A lack of legal knowledge and trial skills will put you at a severe disadvantage in court. And judges typically have little patience for self-represented defendants who don't know the rules of court. The bottom line is you don't want to try a DUI case on your own—if you're going to trial, you should have an attorney.

What is a wet reckless DUI?

In some states prosecutors can reduce the charges to something called a wet reckless. This is a reckless driving charge where alcohol played a factor.

How to get a public defender?

If your income is too high to qualify for a public defender, you’ll need to hire a private attorney if you want representation. For the best chance of success, keep a few things in mind: 1 An attorney who handles DUI cases regularly is more likely to get you a good outcome than a generalist. 2 Make sure you find out up front how much your case is likely to cost, including factors that might increase the cost. 3 If possible, talk to at least 2 or 3 lawyers to find one you are comfortable with.

What is a plea bargain?

With a plea bargain, you agree to plead guilty in exchange for lesser charges from the prosecution.

Can a DUI lead to jail time?

Causing injuries. These and other factors are serious and can lead to a year or more in prison, among other penalties. An experienced DUI attorney may have a better chance of reducing your plea or sentence than you would on your own.

Do I need an attorney for a DUI?

Some attorneys do charge for the initial consultation but will apply the fee to the cost of your case if you hire them. In many cases you won’t need an attorney for a first offense DUI. But if your case isn’t straightforward, an attorney may be able to get a better outcome for your case than you could alone.

Is a first time DUI a felony?

If your case is more than just a misdemeanor DUI, having an attorney becomes more important. Some situations can turn even a first-time DUI into a felony: These and other factors are serious and can lead to a year or more in prison, among other penalties.

Should I get an attorney?

You should definitely get an attorney if you can afford one. Many attorneys will offer you a free consultation and many will offer different prices and payment options. The court will not automatically appoint the public defender. You have to apply and qualify for the public defender. On your first appearance date, you won't be jailed unless there is something unique about your case that increases your bail amount...

Should I be arrested at my first court appearance?

You should not be arrested at the 1st appearance. Instead the Judge will ask if you would like to hire an attorney. You should plead not guilty and assert your right to counsel.

Can you be locked up for an arraignment?

You will not be locked up for a first appearance on an arraignment docket just because you don't have an attorney. They will likely pass you case once to provide you with the opportunity to hire counsel.#N#As for your question about public defenders. No, they are certainly not...

Can you get locked up for court appearance?

You will not get locked up for making your timely court appearance. If you qualify for the Public Defender you will be appointed one on the day of court. If you feel you want the protection of a private attorney, many of us here on AVVO offer free consults. Call around for a more detailed analysis of your case.

Can you go to jail if you didn't hire an attorney?

Posted on Jun 18, 2014. You will not be jailed because you didn't hire an attorney. The judge may continue the arraignment so that you have time to hire a private attorney, or refer you to the public defender's office to see if you qualify for their services.

What do judges want to hear?

All judges want to hear you be remorseful for what you did . Making excuses is intolerable and may make things worse. Never express being sorry for getting caught but instead, let the judge know that you are willing to take responsibility for your actions.

What happens if you promise to never commit a crime again?

By promising the court that you will never commit the crime again, you appear remorseful. If the message is delivered with sincerity (and especially if it’s your first offense), the judge may reduce your sentence as a result. However, it’s important to keep your promise. Whatever you say to the judge is recorded and if you get arrested for the same thing again, your promises may be disregarded or viewed as an empty plea.

Can you speak up at sentencing?

At sentencing, the judge will ask if you have anything you’d like to say regarding your case. Staying silent is one strategy, but it will neither hurt nor help your argument. Speaking up can change the game, but only if you say the right things.

Can you be arrested for DUI?

In DUI Court. Being arrested for a DUI can be overw helming, and you’ll eventually have your day in court. However, saying the wrong things at the wrong times can make matters worse. Because your future depends on it, knowing what to say to a judge during your trial is extremely important. Whether you are fighting for your innocence ...

What are the elements of a DUI?

All crimes are broken up into elements—the parts of the crime that the prosecution must prove beyond a reasonable doubt before a jury or judge can find you guilty at trial. The elements of a DUI charge vary by state, but prosecutors typically need to prove the defendant was: 1 driving or operating a vehicle, and 2 under the influence or intoxicated.

What is a per se DUI?

by showing your blood alcohol concentration (BAC) was at or above the legal limit (.08% in almost all states, though underage drivers may be subject to lower limits ), often called a “ per se” DUI, and/or. by proving that you were actually impaired by drugs, alcohol, or a combination of the two.

What does the prosecution have to prove?

In some states, the prosecution must additionally prove that the defendant was on a public roadway (as opposed to private property) while driving or operating a vehicle under the influence.

Can you be convicted of a DUI in California?

In a handful of other states, including California, you generally can’t be convicted of a DUI unless the prosecution proves that you were actually driving your vehicle. Example: On a cold winter evening, Jane stumbles out of the saloon after finishing a large bottle of whiskey with her comrades.

Can you get a DUI for driving on your own property?

So, in these states, you generally can’t be convicted of a DUI for driving on your own private property, even if you do so while extremely intoxicated.

Can you get a DUI if you are intoxicated?

But there are also many states where the DUI laws don’t require proof that you were driving on a road that was accessible to the public—driving while intoxicated anywhere in the state is enough for a DUI conviction.

Can you get a DUI without moving?

While most DUIs involve driving, you can get a DUI in most states without actually moving your vehicle. This is because the majority of states make it illegal not only to drive a vehicle while under the influence, but also to “operate” or “be in actual physical control” of a vehicle in such a state of impairment.

Why do you have to wear a scrim bracelet?

Depending on the circumstances, a court might also require a defendant to wear a SCRAM bracelet after conviction as a condition of probation. And specialty programs like DUI courts often use SCRAM devices to monitor program participants for continued sobriety.

What is a CAM bracelet?

SCRAM (secure continuous remote alcohol monitoring) devices are ankle bracelets that detect and report alcohol consumption of the wearer. These bracelets—sometimes called “CAM” (continuous alcohol monitoring) devices—are frequently ordered by courts in cases where the defendant was arrested for driving under the influence (DUI) or some other alcohol-related offense.

Can a judge release a defendant from jail?

In some cases, a judge will release a defendant from jail only if the defendant agrees to wear a SCRAM bracelet. In other words, the SCRAM device is a condition of pretrial release. With a SCRAM, the judge has assurances that the defendant won’t be drinking—and getting into alcohol-related trouble—while the case is pending.