Is it worth hiring a private attorney for a first offense? 51 Answers as of December 07, 2011

First offense what? DUI? Your parents income doesn't count for PD.

What may seem relatively unimportant while your young may take on much more importance when you are older.. Who knows maybe you'll run for political office... Well, my advice is to take the matter seriously and get professional help. The right attorney is a necessity in court not an option.

Depends on the offense. Public Defenders are very good attorneys. They just lack the time a private attorney could provide to a case. Some charges, most people are fine with the public defender. Others are more serious and you should do everything possible to hire a private attorney.

First, I don't know what you're charged with. Second, $1,800.00 is a steal. Last, if the court assigns an attorney the you're stuck with that attorney. You can choose your attorney when you hire one.

It really depends on your situation and other factors. Public defenders are very good attorneys usually, and are quite competent. They face a downside of being overburdened. Different public defenders take different approaches, but I personally think one of the most common approaches taken is: do as good as reasonably possible for most, but really try hard for a few. By that I mean they have to pick their battles more than a private attorney does. You hire a private attorney you're generally given far more attention, and a much greater willingness to fight very hard for you. Again I really don't mean to imply that public defenders are lazy or anything other than fantastic attorneys. It is just that the office has a budget and are expected to give many people a defense, but giving everyone "everything they've got" simply cannot exist under their circumstances. A first offense is kind of a good reason to consider hiring a private attorney in my view. The concern is that you want to avoid having a record of a conviction, and so a good deal may not be in your long term interest if you have certain career plans (or immigration status). Another concern is that if your family can support you, then you should probably let them. They will feel worse if you try to handle it yourself to spare their feelings, but then you get some consequence they think they could have prevented.

Pay now and avoid the heartache later....a good criminal defense attorney is worth his weight in gold...there are always collateral consequences to criminal cases that can come back to haunt you years later.

First any time you are charged with a crime you need an attorney. You need your attorney as close to the time you were stopped or arrested for the crime. If you are over eighteen your parents assets do not matter in applying for a public defender. Public defenders are attorneys. Lots of them are very good lawyers. However, they cannot get involved in your case as early as a private attorney. They also have a large case load and are over loaded. Some public defenders are better than others. However, you do not get to choose the one on your case. In some offices the public defender only handles your case for one part of the process and you get another public defender at each junction. If you plead guilty or found guilty it will affect the rest of your life. In the end it is your fission.

You don't even mention what your charge is. You're facing a criminal charge - a conviction for any crime can have lasting effects on your employability, etc. I'd suggest getting the best attorney you can - either with your parent's help, your friends or if you cannot afford an attorney, the court will appoint a public defender. Public defenders are often given a bad rap - but it's unfair. They just have way too many cases to spend any substantial amount of time on any one case. Yes, you will have an attorney and they will represent your interests, but you may not get the personal attention and time that you would from a private attorney. The other difference is that you can choose your attorney if you hire one - you get whoever is appointed if you are given a public defender.

You do not say what kind of case but generally you should have a lawyer represent you in any criminal case. If it is class B or above, it does not matter how much your parents make - it is based on YOUR financial status so you might qualify for a court appointed lawyer. You need to bring proof of your status - in school, working minimum wage job, checking / savings account records, etc. when you appear in court the first time.

You do not say what the charge is or your age. No one can guarantee results. Many public defenders are excellent attorneys the only issue with them is they have to large of a case load to give personal attention to each case. This may be a situation you will want to talk to your parents about.

Public defenders are more than capable of handling your case. However, they usually handle a large number of cases and may not be able to give your case the time it deserves. The question you need to ask is: What price is my freedom worth.

You have not told me what you are charged with, what city you are in, or whether you have called enough good lawyers to know who you would get the best deal with. Since getting a criminal record or even a violation like Disorderly Conduct can hurt your chances of ever getting a good job it is important to retain a good attorney and not use a public defender. Otherwise you might not get the best results. and end up having a record, probation, drug court, or expensive counseling. You have to ask a good question with enough details or a professional cannot give you proper advice, but no matter what you are charged with you are best off spending the money on a good attorney with 20 years experience who knows the prosecutors and police and who can negotiate the best plea deal.

A public defender has many cases and provides what service they can under difficult conditions. A private (retained lawyer) works directly for you and most people find is usually more responsive to your concerns to the extent you are paying them to respond. Quality varies among attorneys, just as it does doctors. In America, the old saying is "you get what you pay for," The more important the matter is to you, the more attention and resources you might wish to place on it.

County Court will get most people a public defender within reason, if they simply ask for one. City Court is reluctant to give an attorney if the person has any resources at all. I believe a public defender is as good as a private attorney, maybe better.

Not to be rude, but the sum stated may very well be incredibly reaqsonable for a private attorney to obtain or try and obtain the results you want. Also, public defenders are attorneys. Most that I know are very hard working. Depending on what this first offense is and the facts surrounding it are, it may be impossible for any attorney to do anything. BTW, if there was an arrest, it is and will be forever on your record so will be the fact that you were charged.

If you are over 18 the courts do not expect your parents to pay for your attorney. It sounds like you qualify for the PD because it is your income and assets that are looked at. The PDs are well qualified attorneys. In fact, it is very difficult for an attorney to be hired by the PD's office. They only choose the best of the best.

It would help if you said what you are charged with. Anything more serious than a simple traffice offense is serious enough to need a lawyer.

There are benefits to having a private attorney but it depends if you are in need of those benefits. The main benefit is that you would be able to call and speak with your private attorney at any time. Further, they will know who you are and what the facts of the case are.

You have not told me the nature of the crime you are charged with, so it is impossible to guess the consequences of a conviction. Generally speaking, most minor offenses do have penalties that are expingable, however, many carry mandatory convictions with probation or jail time mandated, Whoevergave you the impression PDs are no good is worng: ask the judge to appont one for you. the worst case scenerio is that he will deny your request and you will have to hire private counsel, and pay him.

It is worth it if you care about your future.

I think you may have forgotten to include in your post what type of offense this involves, and that would definitely be helpful information to have (are we talking a first offense disorderly conduct or a first offense aggravated assault)? Also, please keep in mind there's no guarantee as to what will happen with your case, regardless of the attorney. Some are more knowledgeable, resourceful, and skilled than others, but still can't change the basic facts of the case or promise you they can "make it go away". Don't assume, incidentally, that you're getting a better attorney by paying yourself than getting an appointed attorneyyou might be surprised there. Keep in mind that judge are generally pretty familiar with the attorneys they appoint, and that the bad ones tend to get skipped overthe judges don't want to deal with them anymore than you would. Assuming you're an adult, you would have to report any income you actually receive from your parents on the affidavit of indigence you'd have to fill out to request a court-appointed attorney, but it's your personal ability to pay that will be considered, not your parents' ability to pay. Once you turn 18, they don't normally have any duty to pay for anything for you anymore, and if they are anyway, that's typically more in the nature of a gift than a duty (unless you're severely disabled or it's a child support obligation). Good luck.

You do not state what your offense is or why $1800 is too much. If you value having a clean record, then doing everything you can, include hiring a private attorney, is a good investment.

When you say "first offense" I will assume you mean first conviction. If you hire a good attorney and use a good investigator you might not end up with any conviction, first or otherwise. Is that worth it? I think so. Having a criminal record is a much worse "punishment" than any fine or time you might end up serving.

Unfortunately, you didn't mention what you were being charged with. Without that information, I can't accurately advise you. However, if your choice is to face criminal charges alone, or have a private attorney - by all means, get a private attorney. The hundreds of individuals that I have seen, trying to clean up their record because they went at it alone would agree. You can't see the pitfalls of going alone, and nobody else will warn you about them.

You didn't address what kind of offense you are taking about. Every crime carries different penalties and we would need to know what you have been charged with. A good rule of thumb to follow is if in doubt, hire legal counsel.

If the offense is serious you ought to have an attorney. If it's a DWI it would be wise to consult an attorney. If it is a minor offense that will not come back to bite you later, just enter plea, pay the fine and move on.

Because the penalties associated with DWI are so severe, I would strongly advise you to hire an attorney with whom you feel comfortable as soon as possible to give yourself the best chance at a favorable outcomes. Good legal representation is frequently no cheap. However, a DWI convictions can easily result in over $10,000 in fines, surcharges, and increased insurance premiums.

How can I answer this question when I don't know the charge. If it a serious charge you probably need a private attorney who has a history of winning criminal cases. You may get an excellent public defender, but you're stuck if you are assigned a bad one. When you finally learn the difference, it may be too late.

Public Defenders are generally competent, dedicated, overworked, understaffed and underpaid with a case load that would tax three lawyers. That office handles more serious criminal cases including capital murder cases than anyone else in defense. There is no case too serious for the Public Defender to handle. The most often heard complaint is that they just don't seem to have the time to put an individual case together and maintain close communication with their client because of the crush of their overall caseload. You may have better communication and personal service from private counsel that you are paying.

For purposes of getting a court appointed attorney, assuming you are over 18 years old, your ability to afford an attorney is based on your own income, not that of your parents or your ability to borrow money from friends. So, if you are charged with a misdemeanor or felony charge and cannot afford an attorney, you should ask to talk to court appointed counsel (i.e. public defender). Whether its the first offense or fifth, I would advise you to have an attorney represent you on your criminal case, whether a public defender or a private attorney of your choice. In fact, even if you were a criminal defense attorney yourself facing criminal charges, I would recommend you get another attorney represent you. Why? Because it is important that you have a dispassionate legal professional assess the issues for your case so that you can mount an effective and vigorous defense and/or to obtain the best possible outcome for your case.

The answer is YES. There is no such thing as a "minor offense" any more. A "misdemeanor" or "minor offense" record is still a CRIMINAL RECORD that can result in loss of employment, loss of student financial aid, denial of access to public benefits for your entire family or even deportation. Even a person with a single offense is at a disadvantage compared to a person with no record. If you pay, the court will make you repay the cost of a public defender anyway.so it's better to hire your own attorney.

If you have the ability to hire privately, it is my belief that you should do so. Defendants tend to be much happier with private representation. In the current economy, you should make every attempt to keep this off your record. There is a much better chance of accomplishing this now, especially with a first offense, than attempting to clear your record once you are convicted.

If you NEED it off your permanent record then don't settle for anything less. However, the Public Defender's Office is great in most cities.

Any criminal case should be taken very seriously as any record of conviction will stay with you for the rest of your life. Furthermore, depending on the charge and the county you could face jail time.

Always a smart idea to get private counsel if you have a way of coming up with the money. The reason being, having private counsel is a lot more comprehensive and you can have all you questions answered and all possibilities looked over.

It depends on what your first offense is for. If it is a speed then probably not, if is a DUI or another offense that could stay on your record permanently then it certainly would be wise to seek out a qualified attorney.

Some first offenses are very serious depending on the nature of the charge. Regardless, most public defenders are capable and are familiar with the judges and prosecutors, so if you qualify for them, you could certainly do worse. Whether your parents are financially sound doesn't really factor into your eiligibility. The same can be said for a private attorney. Just because one may charge a large fee doesn't gurantee anything different from anyone else. Call around and get different rates if you don't qualify for the public defender or if you are not comfortable with them. Many attorneys offer reduced rates, payment plans, etc. to help offset the cost.

This really depends on the offense. Many simple first offenses (OUI, shoplifting, etc) are routinely disposed of without serious consequences, while others can result in convictions which will follow you for the rest of your life. I would need to know much more before forming an opinion on this. That said, Massachusetts indigency standards are fairly forgiving and you may well be eligible for appointed counsel based on what you have mentioned. We have one of the best public defender systems in the country, so this may well be your best option. You will meet with Probation before your first court appearance for an evaluation of your eligibility, and if you are not eligible you will be given time to find an attorney if you request it.

To be honest unless this is a civil moving violation, $1,800 for any attorney is suspiciously inexpensive. If you are looking for an attorney to ONLY stand by your side while you admit guilt and seek a minimum fine, then the fee seems adequate. However, if your intent is to fight a criminal charge, $1,800 seems way below average. A criminal charge could carry the stigma of a conviction, jail time, or prison time, probation, court costs, fines, loss of current or future employment, for military personnel a possible administrative separation, driver's license revocation or suspension, and the conviction will count against you in possible matters related to deferral, probation, and even charging decisions. Attorneys in Hawaii have different hourly rates, but an average is probably in the range of $200- $500 an hour, and can reach $1,000 or more across the country. In a place like Hawaii where the cost of living is significantly more you should assume that the rates also go up. There may be good attorneys with skill and good intentions who are priced strangely below the average, but you should beware of bleeders and pleaders who charge rock bottom prices and merely plead out people. The old adage is "you get what you pay for". As an example, the going rate to fight a DUI charge, which in Hawaii is a petty misdemeanor in Hawaii, can range from $5,000 up. Whether in Hawaii or elsewhere you can "get" a DUI attorney for $500 or $2000 (in fact there are some attorneys who boast rates as low as $99!) But if you want to fight a charge, you will pay more. Federal cases are usually more expensive than state cases and courts-martial are very time-consuming and thus can also be very expensive.

You are always better off to hire an attorney. WIthout knowing more about the charge and the facts of the case it is difficult to respond further.

As a general rule, a private attorney is going to be worth it at any cost. I have no idea what you're even accused of, the strength of the evidence against you, applicability of relevant defenses, the reasonableness of the DA, your potential eligibility for various diversion programs, etc.