Disadvantages of a Public Defender for a DUI Case

 

We have all seen the typical police scene in the movies and television. An obviously drunken driver is stopped and questioned by the police. After failing the “touch your nose” test the person is arrested for DUI. At this point, the police officer explains the rights to the defendant. Somewhere in this list of rights the police officer states “if you cannot afford an attorney one will be appointed for you.” This phrase makes it sound as if a lawyer will work for free on behalf of the accused and do everything in their power to prove the defendant’s innocence, right? Well, that is not completely accurate.

 

Qualifying for a Public Defender

 

The phrase “IF you cannot afford an attorney” is very important in this discussion. Most states and cities within the states have varying rules for determining a person’s indigence. Indigent merely means that a person does not have the necessary resources to pay for a private attorney. There are states that will look at the person’s income and make a decision based solely on that figure. Other areas will consider a person’s current outstanding debt as well as the presence of dependents.

 

Requesting a Public Defender

 

In order to receive the legal representation of a public defender the accused must first make a formal request to the DUI court that a defender be appointed to their case. Next the person must complete a Financial Eligibility form which is taken under an oath. Some judges will ask for proof of income such as recent paystubs or bank statements. There may even be a requirement to prove other debts such as housing payments and car payments. It is important to note that in the event a person is untruthful about their financial condition they can be considered in violation of information falsifying which is a crime.

 

The amount of income necessary to maintain a standard of living and still have enough funds to afford an attorney differ by region to region. Therefore it is important to find out the guidelines for a particular area before applying for a public defender.

 

Only the Defendant is Considered

 

It is important to note that the court only considers the financial situation of the defendant. Financial information from the parents, spouse or any other person is not considered in determining a person’s indigence. The long arms of the law cannot reach out to another party to pay for the crimes of another.

 

Paying the Public Defender

 

The biggest misconception people have about public defenders is the notion that they work for free. This is far from true. In most jurisdictions the Public Defender will put together a list of fees and charges for the court. The judge combines the court costs with the amounts from the public defender and reviews the person’s Financial Eligibility information. Based on all of these factors the court will determine how much the defendant must pay.

 

Tremendous Workload

 

One of the biggest disadvantages associated with a public defender is their massive workload. Since there are so many people that are unable to afford the fees of a private attorney, many people are assigned to the same public defender. This will mean the defender has a very limited amount of time to review the details of each case or to even spend time communicating with each defendant. This can lead to the public attorney missing a crucial detail or not getting a feel for the entire case.

 

In addition, public defenders do not usually have the same access to multiple resources like the private attorneys. The use of private investigators, medical experts and any other type of expert are usually not possible for public defenders which can lead to a poorly defended case.

 

Finally, public defenders only work on the criminal aspect of a DUI case. Issues such as license suspension, probation requirements and any professional counseling or therapy will be handled separately from the DUI trial that the public defender is involved in. Some people may actually need to hire a second attorney to help with the civil aspects of their situation if they are convicted of drunken driving or a DUI.