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DUI: Funds Gone - Can I switch from Attorney to Public Defender For Jury Trial Phase

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crooksonebay

Junior Member
What is the name of your state (only U.S. law)? CA
I have retained an attorney to represent me. Was stopped for a DUI. Attorney costs are covered up to the point of if I choose to have a jury trial. If a jury trial occurs, attorney's fees skyrocket, at which point I can no longer afford to borrow the funds to assist. They are doing a great job but the cold hard fact of life is the money is gone - no more to be obtained.

My specific question is this: If the DUI charge is not dismissed or plea bargained down to what I, the accused find acceptable, and I feel I want to take my chances with a jury trial, can I request to now have a Public Defender assigned since I cannot afford the lawyers trial fee's? I have had to borrow funds up to this point, and want to be vague on my background but let's say my income is below the federal poverty level of $11,670.

Please do not waste your time and say borrow the money, etc. or suggest avoiding the jury trial. It's a very focused question. If the case goes to trial, can I request I can no longer afford an attorney and now need a Public Defender.

The second part of this question is what's included/excluded with having a Public Defender? For example, if I need an 'expert' to discuss breathalyzer functionality, etc. who pays? I'll be asking the Public Defender office anyway (Los Angeles County) in a few days', but was curious what you folks had to say.

Thank you very much as I do appreciate your comments but please stay focused on the question asked. Thanks again.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? CA
I have retained an attorney to represent me. Was stopped for a DUI. Attorney costs are covered up to the point of if I choose to have a jury trial. If a jury trial occurs, attorney's fees skyrocket, at which point I can no longer afford to borrow the funds to assist. They are doing a great job but the cold hard fact of life is the money is gone - no more to be obtained.

My specific question is this: If the DUI charge is not dismissed or plea bargained down to what I, the accused find acceptable, and I feel I want to take my chances with a jury trial, can I request to now have a Public Defender assigned since I cannot afford the lawyers trial fee's? I have had to borrow funds up to this point, and want to be vague on my background but let's say my income is below the federal poverty level of $11,670.

Please do not waste your time and say borrow the money, etc. or suggest avoiding the jury trial. It's a very focused question. If the case goes to trial, can I request I can no longer afford an attorney and now need a Public Defender.

The second part of this question is what's included/excluded with having a Public Defender? For example, if I need an 'expert' to discuss breathalyzer functionality, etc. who pays? I'll be asking the Public Defender office anyway (Los Angeles County) in a few days', but was curious what you folks had to say.

Thank you very much as I do appreciate your comments but please stay focused on the question asked. Thanks again.
YOu may be able to do that but you better request such soon. You probably should have gone with a Public Defender to begin with. The state may pay for the expert.
 

FlyingRon

Senior Member
You should discuss this with your EXISTING attorney. He's likely to be interested because he can't just abandon you because you ran out of money so he's motivated to help you find alternative counsel. Contacting the PD office in the county you are cited in is the likely next step.
 

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