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DUI, how and at which point do I need to ask for a public defender ?
Anonymous7 views7 answers
DUI-first time-- I can't afford a lawyer. My court date is in 3 weeks. Exactly at which point and how do I ask for a public defender. I understand also, I have to notify DMV in 10 days from the day of my arrest but I am eligible to ask for a hearing too. What does it mean ?
THIS is why you need find some money or borrow some to retain an attorney, NOW.
You need to contact the DMV within 10 days to request a hearing. The PD cannot handle that for you. Then you need to appear in court on the date ordered and request court-appointed counsel. You will probably be required to complete a financial declaration listing income and expenses and the judge will determine if you qualify for a tax-payer funded attorney.
You will be asked by the court if you can afford to hire a lawyer. If the answer is no, say no. If the answer is yes, you don't qualify to have a public defender appointed.
The DMV will suspend your license unless you request a hearing. Even if you qualify for the assistance of the public defender's office, they don't usually help with this. The DMV hearing is separate from the criminal matter. It is done over the phone or at a dmv office, not in court.
Please appear on your court date, check in with the deputy bailiff, and ask him or her to connect you with the public defender who will be running around the courtroom defending 90% of the calendar.
You may (not must) challenge the administrative license suspension that is under way (triggered as soon as the cop took away your hard copy license at the station house) with in 10 days from the time you were pulled over.
You for the public defender at the arraignment date. The DMV hearing is your chance to challenge the evidence against you and save your license, you do not have a right to counsel (unlike court, which is why you get a public defender). You may want to call around in your area private lawyers are not as expensive as you may think and one of them will likely handle both the court and DMV actions.
Your public defense will be appointed at your arraignment. You need to contact DMV DruversSafety Iffice and request a stay,Discovery and hearing within 10 days of being arrested. You need an attorney for this and likewise the DUI mater in court.
Yes, you can request the hearing yourself within 10 days of your arrest. You will have to decide whether you want it to be in person or telephonic as well as whether to ask for a stay or not. The PD will not be appointed until you go to your arraignment and they don't do DMV hearings.
Or, as suggezted, you meet with a private attorney asap for an interview. Some will just do the DMV hearing if you want, for much less than court. Doesn't hurt to meet with one of the fine lawyers who take their time to answer questions on .
You will be appointed the public defender at your arraignment since you cannot afford to hire your own attorney. The public defender can represent you in court, but you are not entitled to court appointed counsel at the DMV hearing. You must contact the driver safety office of the DMV closest to where your DUI took place in order to schedule your DMV hearing. You may also be able to retain a lawyer just for the DMV hearing.