Fist Time DUI - Public Defender or not

[cjt3]

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

I was just charged with a DUI and am considering my options in terms of representation. I have incredibly limited funds, so am considering what my to do in terms of an attorney. Does anyone have advice they can share?

 

[quincy]

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

I was just charged with a DUI and am considering my options in terms of representation. I have incredibly limited funds, so am considering what my to do in terms of an attorney. Does anyone have advice they can share?

There is an application form you fill out if you want a public defender. You will need to disclose financial information. You either qualify for a public defender or not based on your financial situation.

In other words, you may not have an option.

The benefit to you of hiring a private attorney is that a private attorney will have more time to devote to you and your case. Public defenders on the whole have large caseloads and little spare time to spend on any one client.

The benefit to you of having a public defender is, of course, cost (although many areas require that a defendant pay the state back for this representation), and a public defender tends to know the courts, judges and prosecutors well.

Because both private attorney and public defender have had to pass the same state Bar exam to be licensed to practice in the state, they start with the same legal qualifications. Experience in DUI defense is an important factor to consider.

Whatever you decide (if you have a choice between public or private attorney), you are smart to have an attorney helping you. Your attorney will review all facts and work with the prosecutor to get you the best outcome possible.

Good luck.

 

[FlyingRon]

The way it goes in Virginia is that you are summonsed to a General District Court judge. If you are indigent, at that hearing you ask for a public defender. The judge will shunt you aside to fill out the qualification forms. If you qualify, then you'll get a continuance until a PD can be assigned and review your case. If you don't, the judge will offer (or at least grant) a continuance so you can try and obtain counsel. It will behoove you to have counsel at your next appearance.

Understand that the public defender is for the indigent who can not afford counsel, not some default for those unwilling to pay for counsel.

DUI is *NOT* a trivial matter in the Commonwealth. You're charged with a crime. You can go to jail (and depending on the circumstances I've seen it happen). Even if you don't go to jail you will have a criminal record for LIFE. There's on expungement of convictions in Virginia. You also must realize you will spend time in a alcohol program (VASAP) and you will lose your license.

And yes, Quincy is right. Virginia will, upon conviction, try to reclaim the PD fees from you. They'll set up a very extended payment plan if necessary.