Since a DUI charge is a criminal offense, you automatically get the protections of the legal system, including the appointment of a public defender if you cannot afford to hire a private attorney. However, if your goal is to stay out of jail and not lose your license, hiring the best DUI lawyer you can afford is always advised over going with a public defender.
Public defenders are known for having heavy caseloads because there are so many indigent defendants that need representation. You aren’t going to get the individual attention your case requires if you go with a public defender. Private attorneys are able to decide how many cases they accept, so they’re not going to overextend themselves to the point where they can’t give each client the defense they deserve. You don’t want your case to fall through the cracks.
This is also an important consideration if you need any part of your case investigated. Perhaps you need to track down witnesses or reconstruct an accident. You need an attorney who has the time and resources to make this happen. A public defender will likely be so overworked and underfunded that they won’t be able to give their all to investigate the specifics of your case. They’ll do the best they can, but that’s not always good enough.
When you’re appointed a public defender, you don’t get to choose the lawyer you want. The judge in your case will assign you a public defender based on whose turn it is or who has the lightest caseload. You may even get a lawyer who has never argued a DUI case. If you hire the best DUI attorney you can afford, you can choose the one you feel like can represent you the way you need to be represented.
If you have to go with a public defender, you only get representation for the criminal aspect of your court. There are usually two parts to a DUI charge: the criminal aspect and a hearing with the Department of Motor Vehicles (DMV) to determine whether your license gets suspended or revoked. When you hire a private attorney to represent you in your DUI proceedings, they will defend you at both the criminal trial and the DMV hearing.
When you hire a private attorney who specializes in DUI cases, you’re getting someone who has an in-depth grasp of DUI law, which is not always the case with a public defender, who has to defend any crime sent their way. Your DUI attorney will know the best defense to present in your case, as they have probably already defended another person under similar circumstances. Yet, you’ll still get a personalized defense prepared specifically for your goals.
In most instances, public defender clients are required to appear in person for every court date, but with a private DUI attorney, you don’t have to attend each session. This is an advantage if you have a busy schedule and can’t take off work every time there’s a hearing or procedure for your case. In your absence, you can be sure your attorney is handling things according to your wishes, which might not be the case with a public defender.
There is a third choice when defending yourself in a DUI case. In addition to the options of hiring a private attorney or being appointed a public defender, you can also decide to represent yourself. However, this is almost never a good idea. You might think you’re saving money by not paying a lawyer, but the learning curve on DUI law is so steep that you are at a severe disadvantage in every aspect right from the start.
If your goal is to stay out of jail and not lose your license, choosing to represent yourself is not a smart plan. Not only don’t you know what the best defenses are, but you probably don’t know how to contest the science behind blood and breathalyzer tests, negotiate a plea deal, or understand the courtroom processes and procedures. You just can’t take the chance of a lack of knowledge causing you to lose your case.
Defending yourself is a poor decision in terms of obtaining evidence in your case as well. You need to obtain the police reports, audio recordings, police dash and body camera footage, and all the data and log records for the breathalyzer testing machine and blood or urine tests. If you don’t know how to obtain these, you might wait too long and the footage will be recorded over or you won’t be able to contest the testing data.
Most DUI cases rest on the evidence that the scientific tests present. If you don’t know how to refute this evidence, you won’t be able to present a successful defense. By hiring a DUI attorney as soon as you are charged with one, the evidence in your case will be obtained and preserved as the first step they take on your behalf. If anything is wrong with the evidence that will prove you innocent, your experienced attorney will find it.
Local DUI lawyers will have existing relationships with prosecutors and judges, which means that they already have established communication with the people who are determining your penalties and consequences. They know how to negotiate with these players to get you the best possible outcome for your situation. A lawyer who doesn’t have these relationships may still be able to help you, but they’ll have to build that connection with the prosecutors and judge from scratch.
When you’re searching for the attorney you’ll eventually hire, be sure to research their reputation with the courts in your area. You want one who’s respected by the prosecution, judges, and other defense attorneys. A respected DUI defense attorney is one who works with the other side to make sure your rights are protected. However, they are also someone who won’t give in to the prosecution if you’re in the right or are getting a bad deal for any reason.
Whether you hire a private attorney, go with a public defender, or defend yourself, you still may not get the outcome you want. However, by hiring the best DUI attorney you can afford, you’ll rest easier knowing you did everything you could to achieve your desired outcome. You’ll know that your attorney defended you using every resource possible and negotiated vigorously on your behalf. Things may not go your way, but you won’t have the regrets you might have otherwise.
If you consider all the possible costs related to a DUI conviction, you’ll find that it’s probably more cost-effective to hire the best DUI attorney you can afford. For example, you could lose your job if you get convicted of a DUI charge, which is far more expensive than paying a bit more for a skilled lawyer who could have helped you avoid this outcome. With the wrong lawyer, you could also see your car insurance rates go up, be required to pay for counseling, and miss work for court dates. In the long run, hiring a lawyer may actually be your smartest move financially.
Getting a DUI is definitely not something anyone wants to happen, but if you’ve made a mistake and you’re facing a DUI charge, don’t trust your case to just anyone. Contact Jameson Stone Law, the best DUI attorney in Mechanicsburg, PA, to see how our defense can help you win your case.