November 12, 2010

Hire a Public Defender or a DUI Attorney?

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If you have recently been arrested and accused of driving under the influence, you are facing a dilemma. That is, you might not be able to decide whether to go with a public defender or an experienced DUI attorney. When you're arrested, you are read your rights. These include the right to remain silent and the right to an attorney. However, the attorney you get in court isn't always the best available. On the other hand, an experienced attorney is going to be expensive. This is a hard decision to make, but the following tips should help you get through this difficult time.

Public Defenders

(Definition: A public defender is a lawyer appointed to represent people who cannot afford to hire an attorney. It is also a literal translation of the Spanish-language term abogado de oficio, which usually refers to an ombudsman office; it is also the English-language title of the Jamaican ombudsman.) 

 A public defender is an actual attorney that is employed by the government to represent the accused who can't afford their own attorney. So don't automatically assume that you're going to get a dud when you're assigned to a public defender. However, you must understand that most courts have an influx of cases on a regular basis. That means one public defender might have several cases going on at one time. That means he or she has the potential to be stretched too thin or things about your case could be forgotten. So that's something to think about if you are thinking about accepting the public defender for your counsel in your DUI case.

Private Lawyers
When you select a private DUI attorney, the motivation and attitude is often different. Private attorneys are inherently hungrier for wins in the courtroom and they're often very crafty. You will want to choose a private attorney with a lot of experience and a great track record so that you can be sure he or she knows their way around a court room. Private lawyers go into great detail about how to get their clients off the hook. That's because this is their livelihood. A public defender is an employee while a private attorney is self employed. His or her track record will make or break their business. For that reason, you may be getting a better deal when you go with a private attorney in these cases.

If you've been accused of drinking under the influence, you're facing a serious dilemma. Depending on how many DUIs you've had, as well as the specifics of the case, you could be facing a fine, jail time, or even prison. Whatever the case, you need a DUI attorney. However, not just any attorney will do. This is your record you're talking about. A DUI carries with it a felony in most cases. That's not what you want on your record. A felony bars you from certain employment, from living in certain apartments or areas, and it can even keep you from getting a loan. For this reason, choose your attorney extremely carefully so that you can beat the charges against you.

The first thing to realize is that we all make mistakes. You shouldn't expect your attorney to judge you in any way. In fact, your attorney is there to help you every step of the way. At least a good attorney is supposed to do that. You need a attorney with plenty of experience and plenty of knowledge regarding DUI laws. It's great to want to help the attorney just starting out, but this is your future we're talking about. So it probably pays to go with someone a little more seasoned and who's been involved with, and won, many DUI cases.

You might remember this view.


Preparing a DUI Defense
Most people think that if they're accused of a DUI that they're automatically convicted. This is completely untrue. In fact, there have been many cases where the accused have beaten the charges against them. This requires the DUI attorney to plan an adequate defense. Your attorney understands that you are innocent until proven guilty and can plan a defense such as that your breath test was done incorrectly, that you were pulled over for the wrong reasons, or a dozen other defense points. Your attorney should know about every trick in the book so that he or she can be one step ahead of the prosecution, ready to shoot down any points they may have.

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The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs. The most commonly used terms are DUI, an acronym for Driving Under the Influence, and DWI, an acronym for Driving While Impaired.
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