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  #1  
Old 12-27-2008, 12:09 PM
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Do I need a lawyer if I plan on participating in the Adult Alcohol Diversion Program?


What is the name of your state (only U.S. law)? Nebraska

I was arrested for a DUI and I am currently awaiting my first court date. I plan on participating in the Adult Alcohol Diversion Program and I was wondering if I still need a public defender to represent me? Also, does the judge need to allow me to participate in this program or can I just tell them that I am going to participate in it?

Thank you
  #2  
Old 12-27-2008, 12:29 PM
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The sooner and I mean like ASAP before Court to get into Program the better you will
fare; and yes, if you cannot afford an Attorney, then by all means try & get a PD to
represent you, though, most of the time the Court will appoint one for you if you cannot
afford one.

The better you are prepared in advance, the better things will go for you!
  #3  
Old 12-27-2008, 03:06 PM
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Also, if I tell the judge that I am participating in the diversion program then should I plead guilty on my first court date (I believe that is the hearing), or should I wait until I have a public defender? I heard before that I should not fight this DUI charge if I plan on participating in the diversion program, or else I will not be able to participate in the program. Since I should not fight the charge, do I still need a public defender? What would the public defender do anyways?

-Thanks
  #4  
Old 12-27-2008, 10:03 PM
BL BL is offline
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Quote:
Originally Posted by mma81490 View Post
Also, if I tell the judge that I am participating in the diversion program then should I plead guilty on my first court date (I believe that is the hearing), or should I wait until I have a public defender? I heard before that I should not fight this DUI charge if I plan on participating in the diversion program, or else I will not be able to participate in the program. Since I should not fight the charge, do I still need a public defender? What would the public defender do anyways?

-Thanks
At the first appearance , the court will/should ask you about a lawyer .

If you truly can not afford one tell the court .

The court should then reschedule the matter and either appoint you a lawyer then and there , or send you to see if you qualify .

If this happens , there is no further proceedings until your lawyer represents you at the rescheduled hearing , or if you don't qualify and you do not hire one , that's when you represent yourself

You do NOT plea one way or the other , if you intend to use a lawyer , and yes if you qualify use a PD .

It is in your best interest , and the court will make sure you are properly represented , if you qualify .
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