Attorney, Public Defender, or Neither?
December 9th, 2009
A couple weeks ago I was cited for underage drinking and driving and minor consumption in the state of Minnesota. I’ve spoken to a few attorneys and learned that their rates range between $2000 and $2500. The attorneys have told me that they could possibly get the underage d & d dropped. The problem is I cannot afford an attorney, I’m a 19-year-old student and I was barely able to pay the towing fee. I do have parents however who would be willing to pay for a dwi attorney if it was absolutely worth it.
I could apply for a public defender and likely get one due to my financial situation but I dont like the fact that I meet them on the court date and never get to speak with the prosecuting attorney.
Neither, hopefully my boyish charms succeeds in wooing the prosecuting attorney and she takes it easy on me.
I have absolutely no idea which to choose, anybody familiar with any of this and know which is the best route?
Richard, thanks for the insight. I was thinking that hiring an attorney would probably be a bad decision, I’d be paying $2000 with no guarantee and I can handle losing my license for 30 days.
So judging by your vehement defending of pd’s i’m guessing that you would suggest going with a pd, which honest was the route I was planning on going.
Thanks a lot for the advice, its nice to hear from someone with the knowledge who isn’t asking for money in return for information.
justwond…….- dude…you’ve got to be kidding me, grow up man. I’ll ‘loose’ the charm when I’m good and ready.
A Public Defender *IS* an attorney.
“The attorneys have told me that they could possibly get the underage d & d dropped.”
And they could possibly persuade the DA to buy you flowers and pay your towing fee for you. The relevant word is “possibly”.
In most jurisdictions, the PD’s are the most experienced defense attorneys working the courtroom. As an adult, your parents finances will not be taken into account in deciding whether you qualify for a PD’s services or not.
If there are legal grounds to challenge the arrest or the citation a PD will spot them. If there aren’t, you could hire OJs ‘dream team’ and you’d STILL go down. Since PD’s are in court against the same DA’s every day of their lives they know them, and the judges, better than anyone else, and know which ones will deal which crimes, and which ones won’t.
“I dont like the fact that I meet them on the court date and never get to speak with the prosecuting attorney.”
NO lawyer will let his client talk to the DA. Anything you say to the DA is not privileged, and can be held against you in court. If you want a lawyer to ‘hold your hand’, cough up the $2,000.
To Chris…… there’s a reason that PD’s clients are found guilty more often. They ARE guilty more often. The *smart* person who’s been caught dead to rights and knows it doesn’t waste his money on paying a private lawyer.
To Mark….. A defendant should NOT talk to the DA himself under *ANY* circumstances. I have lost count of the clients who’ve said OK when the DA asks them if they want to talk about a plea bargain, and then when the “chat” is over the DA says “Sorry, no plea bargain – you’ve just given me enough of a confession to get a conviction on the original charge.”
Richard
December 9th, 2009 at 7:35 am
A Public Defender *IS* an attorney.
"The attorneys have told me that they could possibly get the underage d & d dropped."
And they could possibly persuade the DA to buy you flowers and pay your towing fee for you. The relevant word is "possibly".
In most jurisdictions, the PD’s are the most experienced defense attorneys working the courtroom. As an adult, your parents finances will not be taken into account in deciding whether you qualify for a PD’s services or not.
If there are legal grounds to challenge the arrest or the citation a PD will spot them. If there aren’t, you could hire OJs ‘dream team’ and you’d STILL go down. Since PD’s are in court against the same DA’s every day of their lives they know them, and the judges, better than anyone else, and know which ones will deal which crimes, and which ones won’t.
"I dont like the fact that I meet them on the court date and never get to speak with the prosecuting attorney."
NO lawyer will let his client talk to the DA. Anything you say to the DA is not privileged, and can be held against you in court. If you want a lawyer to ‘hold your hand’, cough up the $2,000.
To Chris…… there’s a reason that PD’s clients are found guilty more often. They ARE guilty more often. The *smart* person who’s been caught dead to rights and knows it doesn’t waste his money on paying a private lawyer.
To Mark….. A defendant should NOT talk to the DA himself under *ANY* circumstances. I have lost count of the clients who’ve said OK when the DA asks them if they want to talk about a plea bargain, and then when the "chat" is over the DA says "Sorry, no plea bargain – you’ve just given me enough of a confession to get a conviction on the original charge."
Richard
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December 9th, 2009 at 8:23 am
PD’s arent a good option. If you can get a private attorney, then do it. People with Public Defenders get harsher sentences and are found guilty more often than those with private attorneys.
If you plan on getting a job in law enforcement or something which requires a clean record, then at any cost, get a private attorney. Next time, dont drink and drive.
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December 9th, 2009 at 9:10 am
I would not pay more than $500.00. Your best bet would be to agree to a class like AA or something, so that after completion of that class or program, your record will be expunged like it never happened.
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December 9th, 2009 at 9:26 am
Public Defender. Get off your ego trip and loose the charm.
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