Do i inevitability an attorney to appear surrounded by court to plead no contest to a dui.. they are reasonably expensive ..?
Answers:
You don't need a lawyer if you plan to simply plead no contest. You are throwing yourself on the mercy of the court and hoping the D.A. will afford you a break by not forcing them into a trial situation. I would first advice going to a community legal clinic and at most minuscule getting a consultation first to see if there might be some circumstance that would mitigate the seriousness of the accusation.
Technicaly, no. However, its extremely adjectives to try to handle a DUI representing yourself. Let me explain why:
1) If you plead no contest, you're giving up a number of key rights, as the judge will explain to you. (or at least he/she should). This includes the right to be resumed innocent until proven guilty beyond a restrained doubt. There are a fair number of DUI cases I've handled where on earth the police made enough mistakes to result in a finding of not guilty after trial.
2) Diversion (or its equivalent) may be an resort for you. This will result in some of the penalties, but not adjectives, from a conviction, but will probably spare you from having an actual DUI on your record. In diversion, you conditionally plead guilty, but later sentencing is deffered as long as you comply with a series of requirements. This often includes a duty, some classes, education, and monitoring for a period of time, up to a year or possibly 18 months. Diversion is usually only offered to first time offenders.
3) If it is NOT your first offense, consequently depending on your state, you may be looking at a significant jail sentence. This could be in accumulation to other problems such as administrative revocation of your drivers license, etc. The administrative revocation proceeding usually happens independently of the criminal proceeding, so you may be out of luck on that.
In short, you're doing yourself a great disservice if you don't have an attorney representing you. The attorney may be expensive, but the attorney's charge will be less than the long term effects of a DUI on your dictation. I strongly urge you to get an attorney to represent you in this business.
For a referral, contact your state or local bar association. Source(s): 10+ years in the endorsed profession.
I wouldn't dance without a lawyer. The intermediary could give you jail time and superior fines then he might if you had a legal representative. Let's put it this way..I've been surrounded by municipal court quite a few times and have never see anyone charged with DUI without a advocate.
an attorney might be expensive, but it might be worth it, depends on where on earth you live and what you do for a living - do you really want to lose your license? You should at least review your rights with an attorney. Call your local dowel association and get a referral. Source(s): 25 years legal assistant/paralegal
Is this your first offense?
If so, you can save some $$$ by forgetting about a legal representative who can't do much for you anyway. The penalties are prescribed by statute, and a first offense is unlikely to get you put in prison time.
You can discuss your case with the prosecutor, they will make clear to you the sentence they will recommend, usually a hefty fine and some type of DUI diversion class. If that's it, save the $1,000 a lawyer will charge you.
If any of the above is not the valise, then all bets are sour. If it's NOT your first offense, then you need a attorney or things can go really badly for you. Source(s): 35 year atty.
They are expensive. But I would diffentally get a lawyer.
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