Showing posts with label Public Defender. Show all posts
Showing posts with label Public Defender. Show all posts

November 12, 2010

Hire a Public Defender or a DUI Attorney?

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.
Continue Reading...

October 13, 2010

Five Ways a DUI Attorney Can Help You When You're Acussed

If you've been accused of driving under the influence, unfortunately you're not alone. DUI, unbelievably, is a common occurrence. However, that doesn't make it any less frightening. When you are accused of a DUI you are facing loss of your job, loss of your living conditions in some cases, and in worst cases your facing loss of your freedom. For this reason, you need to find a good DUI attorney who is skilled enough to beat any of the charges against you. The following are just a few of the reasons why you should find a good attorney.

The Evidence
When you are pulled over and suspected of driving under the influence, you are either given a breathalyzer test or you're given a field sobriety test. If you are arrested, anything you say during that time will be used against you in court. These are all pieces of evidence that the prosecution will use to convince the court that you're guilty. They'll use dash board cams to show you wobbling through your sobriety test, or they'll present your blood alcohol level from the results of the blood test that was administered upon your arriving at the station.

When all of this evidence is stacked against someone, it gets to be pretty scary. How can you ever stand up against such mounting evidence, even if you're not guilty? Luckily, an experienced DUI attorney will know what to do whenever a damning piece of evidence is submitted. Faulty breathalyzer machines, inclement weather, witness testimony and more have all been used as ways of getting the accused off the hook.

Avoiding Jail
This should be your number one goal, but jail time is indeed a result of DUI in some cases. Going to jail is no fun for anyone. If this is the first time you've been accused of DUI, then you will most likely avoid jail time. But if you have had several DUIs, then jail is likely in your near future. A good lawyer will know how to negotiate with the prosecution to get you a lesser sentence or even to have the case thrown out completely in exchange for certain criteria. These could be a fine, community service, or anything else the two sides come up with. Regardless, this is what you're hoping for so that you can stay out of jail, and that's what a good DUI lawyer can do for you.

Other Punishments
The punishments that are handed out for DUI cases are varied. Sometimes it is merely a fine, sometimes it's probation and a fine, sometimes it's jail and sometimes it's even prison. But a good DUI attorney will help you beat the charges so that you can clear your record and avoid jail time if you're ever accused of driving under the influence.

But, if you don't know how to drive safely, read this too:

Safe Driving Tips

Although we do it every day, most of us never think about how inherently dangerous driving on the freeway is. We've become accustomed to the velocity and acceleration, but think about it. You are encapsulated in a few inches of steel on either side of you, hurtling down the freeway at 95 feet a second, with in some cases just inches between you and other drivers. Accidents at this speed are often lethal. Still, we see drivers flying at unsafe speeds and making desperately dangerous maneuvers. While the motivations for such people is beyond the scope of this article (Oedipal fury, perhaps), there are a few things that we as safe drivers can do to make the road a little safer for ourselves and those around us.

The first rule is simple: don't drive faster than you are comfortable with! We often see people flying by at 80+ miles per hour, but this doesn't mean that we have to go that fast. Speed limits on most freeways are between 55 and 65 miles per hour, and this is a good rate of speed. Those who feel comfortable in the far left lane going above the speed limit often do so safely, but flying down a middle lane at far above the posted speed is a great way to get killed. Which leads to my next point...

Lane changing. Highways in Phoenix are six lanes across in either direction, so outside of rush hour there is often plenty of space to move around in. When changing lanes, you should go back to your original driving lessons in your head. First, turn on your blinker! This lets everyone around you know what you're doing. Second, glance in the rear view mirror and then up ahead to make sure you are not in someone's blind spot. Then, check your own blind spot manually by turning and looking over your shoulder. Check your front again, and glance into the lane one over from where you are moving to ensure someone else isn't trying to merge into where you want to be. Make a smooth transition over, and turn off your blinker. By "jumping" lanes or quickly merging without a blinker, you run the risk of hitting someone in your blind spot or merging into someone from the far lane.

These are just two freeway safe driving tips. We take for granted the benefits of high speed travel in our every day life, but at the same time people are killed each and every day on freeways. Wearing your seatbelt, respecting the speed limit, and being a conscientious lane changer are just a few ways you can increase safety not just for yourself, but for all of us.

If you've been in an accident because of a negligent driver, contact an accident attorney today. Accident lawyers are specialists in pursuing damages in accidents caused by inattention, negligence, or drivers under the influence. An even better idea is to contact one prior to an accident so you have someone to contact right away.

Continue Reading...

Links

Developed in partnership with SanFran Coders.

Blogroll

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.
© Copyright 2010 - 2015 MY OVI | Developed by San Fran Coders