Should I Hire a DUI Lawyer or Go with a Public Defender?
We’ve all seen news magazine profiles that feature overworked public defenders. These tales are somewhat exaggerated, but they’re mostly true. Many public interest lawyers are overworked, mostly for economic reasons (more on that below). But for the most part, public defenders are capable defense lawyers. In fact, in some cases, going with a public defender might be the best option. More on that below as well.
However, in most cases, a full partnership with a private Leesburg DUI & DWI lawyer is usually the best choice for DUI defendants. These matters are very complex. Only an experienced lawyer can fully analyze a DUI case and identify all potential legal options. The direct and collateral consequences of a DUI, even a first-time DUI, are so severe that your family deserves nothing less than the best effort of a Leesburg criminal defense lawyer.
Public Defenders
We should say that, in many cases, a public defender isn’t an option if the defendant is out on bail. Many judges assume, rightfully or not, that a defendant who can afford to make bail can also afford to hire a Leesburg criminal defense lawyer.
Nevertheless, if the defendant establishes indigency, Virginia law usually commands a judge to appoint a public defender. These defendants must simply overcome the aforementioned presumption that they have the means to hire a lawyer.
If available, a public defender is often a good option in a chemical test/no defense DUI. The defendant provided an accurate chemical sample and no procedural, substantive, or other defenses apply.
So, before you go with a public defender, a Leesburg criminal defense lawyer should at least evaluate your case.
Chemical samples aren’t always accurate, mostly due to Breathalyzer calibration issues. Procedural defenses usually include Fourth Amendment search and seizure violations and/or Fifth Amendment illegal interrogation violations. Lack of evidence is the strongest substantive defense in a DUI or any other criminal case.
If a lawyer determines that none of these options are available, then quite frankly, a private lawyer isn’t a cost-effective alternative. A less-expensive public defender is usually a better option.
But beware. The lower cost of a public defender is the reason these attorneys are often overworked. They must accept many cases to make money. Private lawyers, who charge more, spend more time on individual cases.
Private Lawyers
Freedom of choice may be the best reason to partner with a private Leesburg DUI lawyer. These defendants can choose their own lawyers, based on an attorney’s:
- Experience: Law schools teach people how to think like lawyers and give them basic legal skills. Experience teaches people how to put those skills to work. More importantly, experience teaches attorneys how to make the law work for people, instead of against them.
- Dedication: DUI defenses often hinge on very small details. For example, when police officers read defendants their Miranda rights, they must read these rights in a language the defendant understands. On a related note, officers must read statutory DUI warnings. Since the language in these warnings sometimes changes, old cards are often out of date. Only dedicated DUI defense lawyers spot these small errors.
- Accessibility: This quality may be the biggest reason to hire a private lawyer. Private lawyers are much more accessible than court-appointed lawyers or public defenders. Usually, defendants only see public interest lawyers at court dates. At other times, the lawyer is almost totally inaccessible.
Additionally, private lawyers also represent defendants in ancillary DUI matters, like drivers’ license suspension matters and civil actions.
Rely on a Compassionate Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. The sooner you reach out to us, the sooner we start working for you.
