Is it better to hire your own lawyer or free one for 1st offense DWI?

Question by n: Is it better to hire your own lawyer or free one for 1st offense DWI?

My friend got his 1st arrest for DWI and just wandering if it’s better to hire your own lawyer and pay extra money or take the one they provide for free? Would you end up with a higher fine if you take their lawyer? He has no previous criminal history.
no one got hurt and no damage was done.

Best answer:

Answer by tg315
I’d hire my own attorney……

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6 Responses to “Is it better to hire your own lawyer or free one for 1st offense DWI?”

  1. hollifieldrobert on July 2nd, 2010 at 7:13 am

    hire a lawyer and they only give you a public defender if you cant afford one which is not the case here since your friend has a car and can afford to buy alchol

  2. If the state has a blood sample, and it is above the legal limit, it is pretty much a cut and dry case of guilt. Most states will offer an ARD or accelerated rehabilitation to first time DUI/DWI offenders, as long as no one got hurt, or there wasn’t major property damage as a result of the infraction.

    If the defendant did not hurt anyone, and there was no damage, then the Public Defender should offer the ARD option, and it would not make sense to hire a lawyer as that is about as good as it gets, unless you can prove that the police had no reason to stop you in the first place.

    If the Public Defender does not offer ARD & you are quite certain that you qualify, you can always request a continuance to obtain hired council.

    Personally I would see what the PD has to say prior to paying for a lawyer. Any defendant in the United States who shows up to court without a lawyer will generally be given the option to speak to a Public Defender, if the charge is more than a summary offense, and it is not a jury trial.

  3. Contrary to popular belief, a public defender usually has just as good a track record if not better for many minor crimes versus a hired attorney. Public defenders work with the same people all the time and often know the jurisdiction that they work in better than an outside person. They can often negotiate a better deal for you than someone else. A hired attorney will often put on a good show and make it seem like they are fighting hard for you, but in the end, the result will be about the same. Keep in mind that for things like DWI, no lawyer, no matter how good, will be able to get you off clean.

  4. Lemme tell you a story about hired attorneys….

    Last week I had a driver license hearing that I had to attend. In my state they are separate from criminal court and defense attorneys get big bucks for going. The defendants lawyer walked in and noticed I showed up. He sat down next to me and introduced himself. He then told me “Sorry for wasting your time, I don’t really have anything to bring up, my client wanted the hearing and I won’t say no to his money”. He then made small talk for the next 10 minutes and offered to buy me lunch after the hearing was over.

    When the case was called the attorney then approached the DOR magistrate and said “I lose…. let this officer go”.

    The only thing he was hoping for that I wouldn’t show up and he would win by default….

    I don’t say that because make awesome cases, because I consider myself middle of the road as far as DUI enforcement goes. Instead I say that to point out you should be at least a bit weary of paid defense lawyer. While many do a great job, many more are still just trying to get at your wallet I would recommend trying to work out your own deal. If things don’t seem like they are working out, then request a continuance and hire a lawyer.

  5. silvercharm516 on July 2nd, 2010 at 9:27 am

    If you’re going to take the “free” attorney, you will have to show the courts that you cannot afford one.

    If you have the means to pay for an attorney, you will not be allowed to select the free public defender. You can’t just go in and say “I don’t feel like paying for an attorney”. You actually have to be in a position where you cannot afford one.

  6. DWL is a technical offence with no possible defence. The TP is likely to throw at least three charges at the offender. Driving without License, driving without owner consent (otherwise the owner will be charged for abetting u), driving without insurrance coverage. The common penalty for these offences are fine and ban from driving. No jail sentence is likely given the scenario. U should try to save on legal cost to pay for the fine which is likely to be in the mid K. Lawyer or no lawyer make no much dif in this circumstances. Important thing u should really admit the mistake and be remorseful about it. If yr friend is underaged, he can even can a probation which may or may not be better than the fine. Rich kid will pay fine and not wanting probation.

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