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lawyer cost?!?!

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BigMistakeFl

Senior Member
BigMistakeFl

You are an alien in a different world now. You've been arrested for a crime and are trying to step into something that you may not be qualified to do alone. The system was created by lawmakers and those within it are not going to talk to you without representation. The prosecution may simply laugh you off, but will not likely make an offer that you can later come back and say you didn't understand. The process costs you, getting in and getting out. You don't get to do it for free.
 


Bretagne

Member
I seriously doubt that the prosecutor will want to meet with an unrepresented defendant.

That just means that the prosecutor has no duty to speak with you about your case, and will not jump at the opportunity to explain the law to you. In fact, you shouldn't be talking to the prosecutor at this junction because you can seriously harm your case by making admissions or inconsistent statements.

Best chance for you is to hire private representation. You don't need to have an attorney at the first court appearance, and you can take a shot of getting a public defender appointed at that time. But a PD will most likely plead you out rather than take the time to collect enough mitigating evidence to convince the prosecutor to dismiss your case. If you need to buy some time to get some $ together for a lawyer, you can tell the judge that. In some jurisdictions they'll give you a little extra time before your next court appearance so you can save up for a retainer. But then the court will be hesitant to grant you a continuance if needed in the future.

Don't forget to take care of your drivers' license issues too, on the civil/administrative side. If you don't request an administrative (or judicial, as in my jurisdiction) review within the statutory time frame, you are barred from seeking relief in the future. This means that you could be in a situation where the criminal charge is dismissed by the prosecutor, and yet your driving record will reflect your arrest for DUI, which can be used to aggravate any future offenses, not to mention an increase in your auto insurance premiums.

Good luck.
 

rissaface

Junior Member
as for my license... i requested a DMV hearing as soon as i found out about my blood test results. then they just sent me my license back and said all action had been set aside and the hearing was cancelled.

do i need to do more???
 

rissaface

Junior Member
You've been arrested for a crime and are trying to step into something that you may not be qualified to do alone.

i understand i can't do this on my own... i just don't know who/how to have help me or how to find help.

if i get a public defender do i have to wait till that day? i'm trying to plan ahead but my court date is one week from today. :eek:
 

CdwJava

Senior Member
rissaface said:
as for my license... i requested a DMV hearing as soon as i found out about my blood test results. then they just sent me my license back and said all action had been set aside and the hearing was cancelled.

do i need to do more???
No. Unless your license is suspended as a result of any conviction for DUI, you should be okay.

As for the police report, agencies do not generally have to release the report to you. Many agencies - such as mine - will release the report to your attorney through discovery (usually automatic aroun dhere from the DA), but not to you. So you may not get access to it until you have counsel assigned.

- Carl
 

rissaface

Junior Member
i already have the police reports. well actually now the lawyer has them. but now i'm second guessing myself as to if i want to pay that much for him or if there is some other way to go about it.
 

Bretagne

Member
You can apply for a public defender on the day of your first court appearance. If you qualify, the court will appoint one for you. But, you probably won't get to talk with him/her until your next court appearance.
 

garrula lingua

Senior Member
Rissa, this isn't legal advice or legal information:
Grow some stones or hire an atty & use his/hers.

Go to court for the first appearance.
THERE MAY NOT BE ANY CHARGES FILED AGAINST YOU, OR THEY MAY BE INFRACTIONS.

Orange County is busy with larger, more dangerous criminals than you. The O.C. prosecutor may not file that charge. The fact that you got a ticket doesn't mean the Prosecutor will file the charges, especially with the blood under .08.

Did you understand that DMV does not consider that incident as a DUI ?

The only way you could screw up is to plead to a DUI at this point (I don't think you will be charged with a DUI); if you plead, then you, DMV and Orange County will have a DUI conviction.

Go & see what the charges are, what the expected dispo is & just ask for a continuance to get an attorney before pleading.


DO NOT try to contact the DA's or PD's office prior to your court hearing - they are busy & will not respond (when you have signed a waiver of atty [for that appearance only], then @ court, they will speak with you).

The PD is NOT likely to try to plead you out - s/he will salivate at the idea of a trial where they may prevail with an NG (NOT GUILTY).

If you get too scared or confused, ask for a continuance to hire an atty (every court will grant this request, with a minimum of a 2 week continuance).

If you're too scared, then hire an atty & stop squawking about the cost.

If you were so sheltered, you don't want to handle this, hire the atty & keep your naivete.
 

pacific22

Junior Member
I found an excellent attorney in Southern California. I am assuming it will be pricey, but I'm not typically worried about that. The joy of getting your freedom back is much greater than what the numbers look like, rissaface. Sometimes you have to face and pay the consequences. Thats how many people often learn. I sure learned from this experience. Especially being 17 years old and for-looking at my driving record, financials, etc, all at near future risk. Learning this early will help me make better decisions in the future, so in many ways, I appreciate the experience.

Question:
Legally, can a lawyer help a victim outside the county or on the opposite side of the state? OR do they need to be associated, or licensed to serve citizens within that county?

Thank you for the helpful information, as always.
 

CdwJava

Senior Member
How does a 17-year-old afford a high-priced DUI attorney?!? Oh ... mom and dad must be paying for it.

In any event, Pacific, I hope that what you learned was that you are too young to drink and that drinking and driving is a very dangerous act, and very illegal.

- Carl
 

pacific22

Junior Member
How does a 17-year-old afford a high-priced DUI attorney?!? Oh ... mom and dad must be paying for it.

In any event, Pacific, I hope that what you learned was that you are too young to drink and that drinking and driving is a very dangerous act, and very illegal.

- Carl

I agree with the second comment.

On a side note, I've been supporting myself for the past 3 years. I've lured myself into an excellent business opportunity that allowed me to offer some computer skills I had learned from school, then greatly practiced, and have created an opportunity to offer my services to corporations around the West Coast, some fortune 500. A lot of my pay has come from networking and different direct contacts, or I may say past acquaintances.

Sorry to get off topic, or hi-jack the thread. I am however very interested in the previous question still:

Question:
Legally, can a lawyer help a victim outside the county or on the opposite side of the state? OR do they need to be associated, or licensed to serve citizens within that county?

Thanks again, in advance.
 
$5,000 for your****************************...... "Dui Defense"******************************************..... is a complete rip off. You need help to deal with your court case but the problem is that attorneys are not the answer to the help you need. You need someone who knows the law.
 

garrula lingua

Senior Member
Question:
Legally, can a lawyer help a victim outside the county or on the opposite side of the state? OR do they need to be associated, or licensed to serve citizens within that county?


An attorney is licensed to practice in the State. S/he can appear in state courts throughout all the counties (Federal court is separate admission, most are admitted).

The only problem in going to another county is that the atty is not familiar with that court - the procedures, the Judge's buttons, the paperwork can be different. Additionally, opposing counsel can 'home town' them - set them on a merry chase looking for silly stuff which is needed (forms, staplers, etc). Also, most atty's fee contract will charge for commuting time, which adds substantial $ to the final cost.

A local atty who knows her/his way around the court & the people (Prosecutor & Judge) is the most desirable IMHO.
 
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