Can I get a public defender for a drunk driving charge? 86 Answers as of August 08, 2011

You need to be unable to afford to hire an attorney. You will need to make financial disclosure and then the judge will decide if you qualify.

The only requirement for a defendant to get a public defender is lack of ability to pay for an attorney. You ask, in court,and they will tell if you qualify.

If you're indigent (poor), you have a constitutional right to a public defender. Call the Court clerk where you're charged and ask how you apply for a public defender.

If you are not employed or are under-employed, you will qualify for the Public Defender. If you are in jail and do not bail out, you can get the Public Defender. The only requirements are financial that you do not have money, and that the offense be an offense for which you can serve jail time. Many people elect to handle DUIs themselves w/o a Public Defender, but you do have the right to an attorney.

Yes you can have a public defender because of the prospect for jail time.

You should be able to, but I reccomend hiring a private attorney. I handle many DUI cases.

Yes, you have the right to be represented by an attorney at all stages of a criminal prosecution. If you cannot afford one, and you financially qualify, you can retain the services of the Public Defeder's Office. Contrary to popular belief, public defenders are not free. It is based on what ou can afford. To see if you qualify, ask the court to fill out a financial declaration for the Public Defender's Office.

Yes, at your arraignment you will be asked to give the Probation Office some financial information and they will determine whether you qualify for a court appointed counsel.

Yes. To be eligible, you may be required to fill out a asset/income form with the Court. The Judge will make a determination whether you qualify. Even if you are qualified to have court-appointed counsel, does not necessarily mean that there won't be attorney fees that you will be responsible for at thge conclusion of your OWI/DUI case.

The requirements for having a public defender appointed are very simple. The crime you are charged with must be one that has the possibility of jail time associated with it, as DUI does, and you must qualify financially. The state only appoints public defenders to clients who cannot afford an attorney privately. When you go to court go to the probation department and tell them that you would like to apply for public counsel. They will interview you to see if you qualify.

You just need to prove your income is at a certain level and you will be appointed a public defender.

Yes. But you may be able to afford for not much more a private attorney. Call one and compare the prices and payments plans each lawyer's office has.

Yes you can if you qualify. They will give you a form to fill out. You have to put your income, whether you own a house. If you drive a Ferrari do not expect to qualify. Basic common sense stuff.

The requirement for getting an appointed lawyer in any and all cases in Texas's that you are indigent meaning that you do not have the funds to hire a lawyer. This applies to people on disability, full time high school students, stay at home parents of children less than school age, people making minimum wage working full time, etc. The failure to work does not make one indigent.

You can apply for a public defender once the case is filed in court. You must meet financial eligibility requirements on indigency. However, the public defender cannot represent you with the Department of Licensing regarding the administrative suspension/revocation of you license. Contact my office for a free consultation.

Yes to qualify for a public defender is based n your income and your assets.

Yes. You just need to notify the court that you would like one and then meet the financial need requirement.

Yes, if you meet the income requirements. However, keep in mind that the public defender cannot represent you at a DMV hearing, which usually occurs before your first court hearing.

Just ask the court for one and an attorney should be appointed.

Yes, but it depends upon your financial abilities. A court will afford you the opportunity to be screened for a public defender. This generally happens at your first court appearance.

You may get a public defender for a DUI charge. They are generally hard working knowledgeable attorneys but do not expect a lot of one-on-one attention as they are very busy. They will not help you with the DOL hearing, however. They only way you can get the public defender is if you meet their financial requirements - and this differs depending on the court.

Simply fill out the form and show that you do not make enough money to hire an attorney.

I would advise either contacting the court or contacting a local defense attorney who has cases with that local district court on regular basis. Most attorneys provide free initial consultations. This response does not contain specific legal advice. If you would like specific legal advice, you should obtain the services of an attorney to assist you with this matter. Speaking in general terms, policies for court-appointed attorneys vary significantly depending on the particular county or local district court where the case is being adjudicated. Court-appointed council requests are often managed by pretrial services for the particular court or some departmental equivalent. Since traffic offenses involving the alleged consumption of alcohol frequently are charged as misdemeanors or potentially felonies, punishable by jail time, an arraigning judge will typically advise the charged individual of their right to council at the first arraignment. Further, anyone charged with a misdemeanor or felony always has a right to ask for a court-appointed attorney. However, in some limited situations, judges will not make a court-appointed attorney available for a person charged with misdemeanor or felony offense. These situations may occur if the charged person is potentially interested in pleading guilty and: - if there is some type of diversionary program available which may divert the case from the court's supervision or; - if the presiding judge has no intention to sentence a person to jail time for a successful plea and sentence. Anyone charged with a misdemeanor or felony offense always has the right to retain their own council. However, courts have some discretion to limit when court-appointed council is available. It depends on the factual circumstances, the charges, and the policies of the particular district court and district court judge. I would advise contacting the court or a local criminal defense attorney who has cases on a regular basis before that court for more information.

Absolutely. You must satisfy the judge that you cannot afford your own attorney. Stay well.

In order to qualify for an court appointed attorney you need to be poor enough. Contact the court to get an application to get an attorney assigned to you.

Yes. You have to show that you cant afford an attorney, and one will be appointed.

A court appointed attorney would be available for a DUI charge, but there may be financial limits you must qualify for before the Court will appoint an attorney for you. In other words, if you make too much money, you may not qualify for court appointed attorney. Court appointed counsel is primarily for those who are indigent.

You will need to express your intention to have a public defender appointed to you at your first hearing or arraignment. The court will provide you with the information necessary to do so.

Obtaining court-appointed counsel for any criminal charge is as simple as filling out the affidavit of indigence, showing you do not have the financial resources to hire your own attorney. You should be able to do this at your first court hearing, then the court will appoint counsel.

Yes. First, the prosecution would have to be seeking a term of incarceration (even a suspended sentence). Second, if the prosecution is seeking a term of incarceration, then you would have to financially qualify. The Court will provide the financial forms.

A public defender is available when you are charged with a crime, if you are poor enough. If you have a full time job, of almost any sort, that is difficult. Assuming you do qualify, that doesn't mean that one will be appointed to you , but rather that the public defender's office will be assigned and you may have more than one person handling your case. Many times, in such a situation, the public defender who happens to be in the courtroom will handle your case, may not have met you previously, nor discussed the case with you. It may be that the public defender does not get to go to the scene with you, which could be important in your case. You should consider hiring a private defense attorney.

While requirements doubtlessly vary from jurisdiction to jurisdiction, if you have a somewhat limited income, you probably will qualify for a public defender. In Oregon, where I practice, it is common to appoint a lawyer to represent a person but to order the person to contribute a portion of the fee the lawyer or law firm gets paid by the state. The amount a person will be required to contribute will vary from $20 to a few hundred bucks, depending on what your income level is. On the other hand, if you make too much money (or own your own home or some other piece of property), you may not qualify and will have to retain an attorney privately.

Depends on judge if you qualify. If judge says no, you can plead or hire your own attorney.

If you aren't working, have no income and no savings and don't own a home, those are usually a good basis to be given a Legal Aide attorney.

In a misdemeanor case, if jail time is going to be imposed, you have the right to a Court Appointed attorney. Otherwise, you do not. You may always choose to hire an attorney.

If you make less than the limit in your city (it can be about $200 per week) and have no assets you may be eligible for a public defender. You should retain an experienced attorney in your city to handle the case or you may pay a lot more in insurance, fines, civil penalties, and have a conviction for a misdemeanor that will prevent you from getting a good job or career. Criminal convictions last forever and can cost you hundreds of thousands of dollars in lower wages and insurance payments over time. My fee for a DWI is only $1,000-$1,500 for a plea and $2,500-$3,000 for a trial. Most cases are plead out for $1,500 to an Impaired which is a violation and not a criminal record.The best thing to do is to consult with a private attorney and ask him to take payments. I require a $500 retainer and $100 per month for 10 months which is affordable for most people. I have handled hundreds of DWI cases and have only had a few convictions for the misdemeanor DWI so there is a very good chance that you can avoid a criminal conviction if your breath test is under .17 and there was no accident. On a second or third DWI you will have a lot harder time getting a break from the judge. Feel free to call for a consultation.

Each county has financial criteria for the appointment of counsel. You will need to fill out a financial declaration under penalty of perjury and your eligibility will be determined.

It is based on your income. You will have to fill out a financial affidavit and possibly provide some type of proof of income to qualify for a public defender. Good Luck with your case.

You may ask for a public defender right away, once you appear in front of the judge. Whether the judge will appoint one depends on various circumstances. Public defenders are for use by indigent offenders, that means, if you are working and capable of hiring your own lawyer, or own substantial property like a good car or vehicle, or have posted a bond with substantial funds, or have substantial funds in any kind of bank account, more likely than not, you will not qualify for the P.D.'s services. In any case, feel free to request one, as you definitely need representation by a qualified attorney, and public attorneys are certainly qualified, when facing a charge this serious.

The standard in Texas for being given an appointed attorney is whether or not you are indigent (poor). If you have made bond, it is presumed that you have the ability to hire a lawyer. If you request the judge to appoint you an attorney, then you will be asked to provide your financial information and the judge will determine if you are indigent.

You must fill out an income declaration and asset statement for the Judge, who will determine your eligibility. Keep in mind, however, that the PD cannot and will not represent you at the DMV, which is a significant portion of any DUI case.

The only requirement is that you do not have enough money to hire private counsel Some places make you go to two or three lawyers and have them sign something saying they are turning you down because you cannot afford them.

Yes, if you are unable to afford the cost of a private attorney.

My feeling is it is dependant on the county that your case is filed in. Some counties required you to fill out a financial declaration then they appoint the public defender based upon your lack of income. Since a DUI is a misdemeanor charge you are constitutionally entitled to an attorney at all stages of the proceedings.

Yes, if you financially qualify, the court will appoint an attorney to represent you in court. Keep in mind that a public defender cannot and will not assist in any proceedings by the DMV. You only have 10 days to request a hearing or they will automatically suspend your license.

I highly recommend finding an experienced lawyer such as myself, however, if you are in search of a public defender, it depends on what county because you have to be below the poverty level. For example, Livingston County, MI is $400 /week income.

It is possible to get a public defender for a drunk driving charge IF YOU QUALIFY. The court will have to determine whether you qualify based on review of your financial declaration. You may be responsible for reimbursing the county for the services of the public defender at the conclusion of your case.

You have to ask for a public defender at your preliminary hearing and meet the income requirements. Be mindful that misstating your information in order to get a public defender appointed may result in additional criminal charges. Call your local public defenders office for more information.

You do qualify for a public defender on a dui, however you must be very poor to get one. If you don't have a job or are working for minimum wage you probably can. For more info or a fee quote, call.

The court is required to appoint an attorney for all persons charged with a crime that meet certain indigence requirements. When you go to court for your arraignment (first court appearance) the judge will ask you if you plan to hire your own attorney (which is an attorney you pay for and choose) or if you want to apply for a public defender (the court picks an attorney for you). The clerk will then give you the instructions for applying for a public defender. The public defender will represent you for the criminal component of the charge, but be aware there is a civil component to the DUI as well, which is the Department of Licensing Hearing. If you provided a breath test that was over the legal limit or you refused the breath test, the DOL will automatically suspend your license 60 days after the date of arrest unless you request the hearing, which must be done by submitting the hearing request form 20 days from the date of arrest. The public defender will not represent you at the hearing, so if you want to contest the suspension via the administrative hearing you will need to hire private counsel. Please feel free to call me if you have any questions.

Because you are facing potential jail time for a conviction on a DUI you would be eligible for a public offender if you qualify. To qualify for a public defender you would have to prove that you are not able to afford to hire an attorney to represent you and that you are indigent. Indigent is normally considered to be that you do not have sufficient income to support yourself and to pay for the services of counsel.

You have to have no money and no job.

If you fall under the income requirements you will. If you make so much money you will not.

Anytime a person is facing a jail sentence they are entitled to request a lawyer.

The basic test is: Can you afford private counsel? The court might ask if you work, and if you do, how much do you make. It might also ask about large assets such as a home, and how much equity you might have it that asset.

If you qualify financially. Apply at your first court hearing.

Yes, if you are unemployed.

Yes if you qualify. You will need to fill out an application which will be provided to you at your first court appearance.

I would recommend that you go ahead and contact your local public defender's office and submit an application, rather than wait until you go to court. Good luck!

You probably are not eligible for one. Public Defenders are only required for felonies or misdemeanors where jail is a likelihood. First offense DUIs very rarely go to jail. However, you may want to consider investing in a good DUI attorney as they can greatly help in reducing or even getting the charges dismissed. The amount of money you spend on a good DUI attorney you will save in the longrun on fines, costs, license points/sanctions, etc.

Public defenders are based off of income and necessity. Depending on your income you may be able to get a public defender. You may also want to consider a private attorney, because the public defender is not free, and you will have to pay for your representation regardless. If you have any questions, please feel free to contact me directly.

If you request a public defender, the court will have administrative personnel determine whether or not you qualify for appointed counsel. It will depend on whether you have sufficient income or assets to pay for a lawyer in private practice.

The answer should be yes. Unfortunately, most jurisdictions will say no, especially in the many Alabama municipal courts. Anyone charged with Driving Under the Influence of Alcohol should always consult a well qualified Alabama DUI Defense Lawyer. I also recommend that you do not rely on the state's appointed lawyers unless absolutely necessary. Some would be surprised to learn that you too can afford a good lawyer. My firm focuses on Alabama DUI Defense, we handle hundreds of cases a year and throughout the state of Alabama. Please feel free to give me a call for further information at 205-981-2450. In the meantime, please feel free to visit my website at http://www.alabamaduidefenselaw.com and my Alabama DUI Defense Blog at http://www.alabamaduilawyerblog.com for more information.

You have to meet economic needs test.

Typically not in Michigan on a 1st offense unless there is the potential for jail to be imposed.

Yes, if the prosecutor is looking at a potential jail sentence for you and you qualify on the basis of your income. If the prosecutor tells the judge that he is not looking to put you in jail, even if convicted, you cannot get a court appointed attorney.

In Massachusetts the court will appoint a bar advocate for a reduced or no fee if you meet the income requirements. The probation department should interview you prior to arraignment to see if you meet the levels. Otherwise, you can represent yourself or hire an attorney.

If you meet the financial requirements (basically not being able to afford an attorney) the court will appoint a public defender. You will have to fill out a form detailing your financial situation and the judge will make the decision whether or not you qualify.

Yes, as long as you qualify. You have no make little to no money. If you have enough money to live on, you will probably not qualify. Good luck.

You have to qualify financially (i.e. meet their guidelines for income, assets, etc.) and you also have to go to your first court date on your own, get an offer from the prosecutor, reject the offer and request to have the public defender appointed.

Not being able to afford one. The courts are usually pretty flexible about that. If you get turned down originally, there's probably a process to ask the clerk's office to reconsider, and if not you can ask the judge to appoint counsel. If the court refuses but you really can't afford an attorney, get quotes from a few attorneys ($5,000 and up for a DUII, probably) and go from there.

If you can afford an attorney and the court won't appoint an attorney, hire one. (If you don't like your public defender, you might think about hiring an attorney; maybe family can help out with the cost.) If it's your first charge, your best choice might be to do diversion, in which case the charge will be dismissed if you do treatment. An attorney to assist with that is a lot cheaper than an attorney to handle a trial.

You can only get a public defender if you are charged with a class A misdemeanor, which means that you may be sentenced to jail. On a first offense that is not possible unless there are other circumstances such as bodily injury or a high chemical test that subject you to enhanced penalties.