DO I NEED A CRIMINAL DEFENSE LAWYER?

Any person who is facing a criminal charge, no matter how minor, will benefit from consulting a competent criminal defense lawyer. Even if the lawyer is not retained to provide representation in court, a consultation will help a criminal defendant understand the nature of the charges filed, available defenses, what plea bargains are likely to be offered, and what is likely to happen in the event of conviction.

For serious charges, it will be a rare defendant who does not benefit from having a competent criminal defense lawyer assist with the negotiation of a plea bargain or to prepare a case for trial. A criminal defense lawyer will also be able to identify important pretrial issues, and to bring appropriate motions which might significantly improve a defendant's situation, or even result in the dismissal of charges.

HIRING A LAWYER FOR A DUI:

Quite often the question arises as to whether or not a person should hire a private lawyer or attempt to handle the case themselves or with the Public Defender. In almost all instances, it is advisable to hire an attorney.

First: If there is a way to win the case, an attorney will find it, whereas the average person won't. Many people have the mistaken belief that "you can't fight a DUI". Quite often that's simply not true. Among other things, there are scientific, technical and legal defenses to a DUI that are not obvious and neither the prosecutor nor the court will point them out or explain them to a defendant.

Second: Even if there is no defense to a case, an attorney can protect the client by ensuring that the client gets the best possible deal. Although most courts have standard first and second offense sentences, sometimes the prosecutor or the Judge will want to enhance or add to the sentence because of a driving record, blood alcohol level, or the facts of the case itself.

Third: Many people hire an attorney merely for convenience and comfort. When a defendant attempts to handle his or her own case, it can be a confusing and frustrating experience. Typically, the defendant can get few questions answered by the judge or court room staff and is made to sit and wait without being told what is going to take place, or when. Sometimes defendants are made to wait literally for hours.

On the other hand, if a defendant hires an attorney, the attorney can go to court for him/her. He/she may never have to go to court or only once for the trial or when a deal has been made. Additionally, when he/she does go to court it will go very quickly because attorneys get their cases called first. An attorney can also make all the post conviction appearances, such as progress reports or proof of program completion without the defendant being there.

Lastly: Quite often a person hires an attorney and then ends up pleading guilty anyway. The problem is, there is no way to know ahead of time if that is what is going to happen. If a person's blood alcohol is not too high, then that person will most likely plead and get a standard sentence. In this situation the attorney is more a form of insurance in case there is an exception and, of course, it's a lot more convenient and far less frustrating with an attorney. There are simply no guarantees that hiring a lawyer will change the outcome but it will always make it easier.

Public Defenders: Public defenders are not private attorneys, they work for the government and rarely do the same work as a private attorney. For more information about public defenders see the Public Defender section.