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Anyone here ever use a Public Defender?

Old 03-11-2009, 09:59 PM
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Anyone here ever use a Public Defender?

Hi folks! Im here because I was arrested for a DUI a month ago. I might need help with the booze. OR.... i might need help with anxiety and stress. Im not sure. But right now I have no job and no money AND I have to care for my disabled father that had a heart attack.

While Im trying to figure THAT out, Im trying to figure out if I should use a Public Defender. I have already had the initial meeting and was appointed one.

Here is my short story:

I was pulled over for speeding a month ago. (Going 57 in a 35 which 100% BS)

They smelled alcohol on me. I was told that I should never get out of the car or perform any tests because they are all rigged for me to fail.

So, I didnt take a breathalyzer. I didnt perform any of their tests. I didnt even get out of the car! I told them they have no authorization to touch my vehicle or search it. I gave them my DL, insurance card and registration. Thats it.

I was having a panic attack (i get them somewhat often) and I was freaking out. Well 2 minutes later the door opens on the car and I get ripped out and slammed against the pavement. My glasses broke and my face was badly scratched to where they called an ambulance. They took me to the hospital... did NOT draw blood. (BTW I told them I refuse to go to the hospital and they said "its to late")

Well I have NOOOOOO money. I was layed off 5 months ago and cant find a job to support myself. I had to take a Public Defender.

I was told by two attorneys that I could probably get the DUI dismissed. The public Defender says it would be a MIRACLE.

My question: Should I take out a loan to pay for a regular attorney and ditch the Public Defender?

Thank You in advance!!!!!!


(This happened in ILLINOIS)
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Old 03-11-2009, 10:08 PM
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I had a public defender in the UK once for a non violant crime i did when i was younger, the ******* moron advised me to plead guilty and that i would probably get between 18 months and 3 years in prison. Even with the idiot still defending me i managed to plead not guilty and get found not guilty. I did all the talking it was so embarassing! So yeah if you can get a loan and get a decent lawyer, get one.
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Old 03-11-2009, 10:29 PM
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Originally Posted by TheShallot View Post
Hi folks! Im here because I was arrested for a DUI a month ago. I might need help with the booze. OR.... i might need help with anxiety and stress. Im not sure. But right now I have no job and no money AND I have to care for my disabled father that had a heart attack.

While Im trying to figure THAT out, Im trying to figure out if I should use a Public Defender. I have already had the initial meeting and was appointed one.

Here is my short story:

I was pulled over for speeding a month ago. (Going 57 in a 35 which 100% BS)

They smelled alcohol on me. I was told that I should never get out of the car or perform any tests because they are all rigged for me to fail.

So, I didnt take a breathalyzer. I didnt perform any of their tests. I didnt even get out of the car! I told them they have no authorization to touch my vehicle or search it. I gave them my DL, insurance card and registration. Thats it.


I was having a panic attack (i get them somewhat often) and I was freaking out. Well 2 minutes later the door opens on the car and I get ripped out and slammed against the pavement. My glasses broke and my face was badly scratched to where they called an ambulance. They took me to the hospital... did NOT draw blood. (BTW I told them I refuse to go to the hospital and they said "its to late")

Well I have NOOOOOO money. I was layed off 5 months ago and cant find a job to support myself. I had to take a Public Defender.

I was told by two attorneys that I could probably get the DUI dismissed. The public Defender says it would be a MIRACLE.

My question: Should I take out a loan to pay for a regular attorney and ditch the Public Defender?

Thank You in advance!!!!!!


(This happened in ILLINOIS)
welcome!!!


In my experience, if you can smell alcohol on someone from several feet away they have had 'one too many'.

Of course, you know that IL has 'implied consent' laws-like most states-refusal to cooperate with the police-refuse a field sobriety test- means you lose your license. IMO the public defender is probably doing you a favor by sharing his experience.

If you watch "cops" or any of the reality police shows, you'll notice that it's probably not a good idea to refuse to step out of the vehicle when the officer asks you to do so. Maybe we'll see you on a future episode?

Just a thought, if you have NOOO money, what were you thinking about when you went out drinking and driving?
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Old 03-11-2009, 10:44 PM
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Please don't take out a loan. Stay with the public defender. They will both do the same job. One will do it for free and the other will take your money. I used to work for criminal defense attorneys (private) and DUIs were so routine they could do them with their eyes closed. They are probably even more routine for the public defender. The thing is, and this disgusted me, is that private attorneys try to sell the clients, so they will tell you things that are not necessarily the truth or more like versions of the truth. Then once you pay them the case goes into a stack much like it does over at the PD. I use to feel like I worked with the most horrible people and I didn't mean the criminals. I had no problem dealing with the pedophiles even murders who were generally polite but the lawyers were huge hustlers and pretty crazy. Of course, it depends on the attorney how much attention is given to your case but one thing I did learn is that in general, especially in routine, smaller misdemeanor cases (DUIs), the PD and private attorneys do the exact same job with the exact same results. I'm pretty sure statistics confirm this. The reality of your situation is that the public defender is probably telling you the truth while the private attorneys are trying to sell you their services. Very rarely did I see a DUI get dismissed or go to trial. However, it seems like they don't even have your blood alcohol level and I don't see how they could charge you with a DUI without that. In that case I would be surprised if it is not dismissed and you definitely don't need a private lawyer for that.
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Old 03-11-2009, 11:40 PM
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Originally Posted by sfgirl View Post
Please don't take out a loan. Stay with the public defender. They will both do the same job. One will do it for free and the other will take your money. I used to work for criminal defense attorneys (private) and DUIs were so routine they could do them with their eyes closed. They are probably even more routine for the public defender. The thing is, and this disgusted me, is that private attorneys try to sell the clients, so they will tell you things that are not necessarily the truth or more like versions of the truth. Then once you pay them the case goes into a stack much like it does over at the PD. I use to feel like I worked with the most horrible people and I didn't mean the criminals. I had no problem dealing with the pedophiles even murders who were generally polite but the lawyers were huge hustlers and pretty crazy. Of course, it depends on the attorney how much attention is given to your case but one thing I did learn is that in general, especially in routine, smaller misdemeanor cases (DUIs), the PD and private attorneys do the exact same job with the exact same results. I'm pretty sure statistics confirm this. The reality of your situation is that the public defender is probably telling you the truth while the private attorneys are trying to sell you their services. Very rarely did I see a DUI get dismissed or go to trial. However, it seems like they don't even have your blood alcohol level and I don't see how they could charge you with a DUI without that. In that case I would be surprised if it is not dismissed and you definitely don't need a private lawyer for that.

First off, thanks everyone!!! :ghug I hope to stay here and post often.

I was out the day after Valentines Day because I was lonely. I went a mile away to a dancing girls joint. I NEVER do that kind of crap but I just wanted to be around a female. Im not dating anyone. Plus I had been working out and I wanted to see if my new muscles got more attention.

OK.... now about the dismissal.... the Public Defendant said he highly doubts I will get it dismissed. It WOULD have to go to trial. The Attorneys say it WOULD probably be dismissed because they have no evidence.

This is EXTREMELY important. I already let my dad down (Im 37 he is 65) by getting this thing. I cant let him down again! Is this Public Defender even know what he is talking about??? I heard he is new to that office.
Maybe I should get another one? Im so confused. PLUS I did my taxes today and I owe. Its been a horrible horrible day. Any more advice would be great!!!! SFgirl thanks!!!! :ghug3
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Old 03-12-2009, 11:00 AM
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Thinking about it more, if you haven't been to your first hearing in court yet and they do not have your blood alcohol level I will be very surprised if the DA presses charges. My friend was charged with two felony counts for assault went through all this same stress over lawyers, stayed with the PD, showed up at court and the court had practically forgotten her case because what do you know the DA didn't press charges after all. Know that you can change lawyers at any point. Also you can go to trial if you want to no matter who your lawyer is— it is your right. I would at least relax until after the first hearing then you will know a lot more. However, know that I am not a lawyer I just watched so many people get really worked up. I don't know what the punishment is in your state for a DUI but probably a fine or something which basically is what you would spend on a lawyer.
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Old 03-12-2009, 02:03 PM
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I would try and get a different public defender and stress the lack of evidence.
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Old 03-12-2009, 02:39 PM
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In my state refusal to take the DUI test is grounds for automatic license suspension and possible fines.

Think about it...if anyone could say no, and have the case lack in evidence and be dismissed, then wouldn't everyone refuse?

I save your money for the fine and take the Public Defender.
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Old 03-12-2009, 03:03 PM
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2 times i used the freebie , it wasnt free ya still get a % tacked on your fees . but they go to the sames school and know the same things your high priced Attys know , matter fact some are probly better then the high priced ones .
More then likly you will either way get a suspension of you lisc , its one them no matter what things . even if its reduced . Question is do you wanna drag this on for gosh knows how long till you find a judge that will dismiss this .. after all you refused the tests and refused to get outta your car , that wont look good to any judge that says " guilty " to them . Another thing .. next time you go to get your drivers lisc application . note in small print at the bottom of the page . " at any time they have any right to check you car " prevideing they had a reson to pull you over that is . But when you sign that paper for your lisc you sign its ok for them to look , learned that in Classes . which i was very surprises to see when i did ' Yep there is is " in small fine print . But in all fairness you were drinkin you broke the law . sometimes it just easier to take the rap and get it all over with saves time money and headaches . and learn your lesson , cus a 2nd one isnt so easy that includes more then a over nite stay at your local jail house .
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Old 03-12-2009, 03:22 PM
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Hi and Welcome,

I hope you don't take this the wrong way, but it sounds to me like you are not looking at the fact that you were drinking and driving, and that you could have killed someone, including yourself. I'm not saying I didn't drink and drive, because I am sad to say I did, but the reality of that is horribly scary.

I agree you should work to take care of your legal situation, but please don't lose sight of what you did.
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Old 03-12-2009, 03:28 PM
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No money ?? !!

You ain't got no money, you ain't got much of a chance. I suggest Keeping the PD and pleading not guilty untill the judge gets mad, ('cause your spending tax payers money) Then the DA will make you an offer. At this point you should know pretty much were you stand and if you have a chance.

I've only had 7 DWI's and this is as always, my own opinion.

Welcome and good luck to you, hang in there it's not the end of the world.
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Old 03-12-2009, 08:28 PM
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I wont go into the "I didnt have anything to drink" crap. I did, but it was more than 4.5 hours before I got pulled over. (and I know I could not have had any booze left in DE veins) My ex-fiance was a cop and her and I hung out with the whole PD for 2 years. I damn well know that once I get out of that car Im set up to fail all testing. In my opinion I didnt have much of a choice. My damn shirt and T-shirt smelt like booze. I was in tears and shaking like a leaf. My anxiety kicked in and all I remember is what Alex Jones (talk show guy on talk radio) said. And I did exactly what he mentioned. Almost every 10 minutes I think about what happened and what is GOING to happen and it makes me sick. I shouldnt have even been out. There aint no one to blame but me. Thing is I know this guy that drinks very heavily every other day at a bar and then drives home 2 miles away. Being doing that for 5 plus years and has never been caught. Life aint fair. Ive been wanting to call the cops on that guy since Ive gotten arrested. But I would do it for the wrong reasons.
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Old 03-12-2009, 09:27 PM
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Life aint fair.
I believe that to be the most profound statement I've ever read here on SR.
No, it's not fair and it never will be. Get used to it.
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Old 03-13-2009, 12:27 PM
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I know, I know. I do have things better than other folks, but a lot of folks have it better than me.

ANYHOW...... I just want to make sure Im getting represented properly. Its just not me in this, its my dad too. Im just a jack-ass I should have thought of him and other folks that put faith in me before I went out but NOOOOOOO..... I wanted to talk to women that just care about my wallet. Sometimes I feel like I dont contribute anything to society and Im a waste of oxygen.
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Old 03-13-2009, 12:32 PM
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I find that since I no longer drink, I never see any blue lights behind me to pull me over.

Whatever the turn out of this is, I hope, you will not drink and drive again.

You will have to have a machine placed in your car should you get found guilty of a DUI.


Many of us have shown poor judgement in the past for drinking and driving.
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Old 03-13-2009, 12:42 PM
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Originally Posted by TheShallot View Post
Hi folks! Im here because I was arrested for a DUI a month ago. I might need help with the booze. OR.... i might need help with anxiety and stress. Im not sure. But right now I have no job and no money AND I have to care for my disabled father that had a heart attack.

While Im trying to figure THAT out, Im trying to figure out if I should use a Public Defender. I have already had the initial meeting and was appointed one.

Here is my short story:

I was pulled over for speeding a month ago. (Going 57 in a 35 which 100% BS)

They smelled alcohol on me. I was told that I should never get out of the car or perform any tests because they are all rigged for me to fail.

So, I didnt take a breathalyzer. I didnt perform any of their tests. I didnt even get out of the car! I told them they have no authorization to touch my vehicle or search it. I gave them my DL, insurance card and registration. Thats it.

I was having a panic attack (i get them somewhat often) and I was freaking out. Well 2 minutes later the door opens on the car and I get ripped out and slammed against the pavement. My glasses broke and my face was badly scratched to where they called an ambulance. They took me to the hospital... did NOT draw blood. (BTW I told them I refuse to go to the hospital and they said "its to late")

Well I have NOOOOOO money. I was layed off 5 months ago and cant find a job to support myself. I had to take a Public Defender.

I was told by two attorneys that I could probably get the DUI dismissed. The public Defender says it would be a MIRACLE.

My question: Should I take out a loan to pay for a regular attorney and ditch the Public Defender?

Thank You in advance!!!!!!


(This happened in ILLINOIS)
Not sure where you live, but I just had my 1st DUI a few months ago, and as a result lost my job. I decided to go with the public defender & think all things considered I got off better than some people that I was in court with
that had a lawyer. I also had to take a DUI 2 day class & we all went around & had to tell our stories, what we were charged with, what our punishment was, fines were, and if we paid for a lawyer.
Just about everyone that had a lawyer ended up spending more money & more in fines. The woman running the class did say it was almost always better off with a PD if they qualify, or just pleading out.

Although you have some other circumstances, that it may be worth while?
I cant believe if you took the PD & told him/her that you will not pplead guilty that a judge would even convict you.

I wish you all the best, I know this has been a complete pain in my as$.
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Old 03-13-2009, 12:47 PM
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Actually you're going to be dealing with two issues Shallot (this is not legal advice by the way)

1. The drunk driving charge which is a criminal matter

2. Summary suspension of your license (test refusal) which in Illinois is a civil matter and I don't believe a public defender can help you with that one.

Illinois General Assembly - Illinois Compiled Statutes
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Old 03-13-2009, 12:56 PM
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Sometimes its bewtter to have a PD. They are in the same court almost everyday and know the judge and prosecutor. They will usually work with the PD. Private lawyers sometimes **** the judge off. Its really hard to say. Just be prepared to be able to speak for your self also. I ahd to go to court for cocaine possesion. My first PD absolutely sucked, if I hadnt spoken up for myself I would have been screwed. The second time I went they gave me someone new and he was much better.

I have to tell you though the key to "getting a better deal" is true remorse and acknopwledgement of your mistake. If you are sincere and show that you have sought help they will be more lenient within the framework of the law. Some crimes come with mandatory sentences and there isnt much a judge can do. Go get some counseling and bring proof. Go to meetings and have someone sign a paper showing you were there. Bring those things to court. Volunteer for something. Helping someone else will help you heal and it looks good in front of the judge.
Dont think you can waltz in there and get off if you dont show that you understand the severity of what you did and prove you are willing to change no matter what type of lawyer you have.
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Old 03-13-2009, 01:01 PM
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While I've never had a DUI before I've had several other driving problems end up and court and always went to them with no legal assistance and seems to me no different to those with some type of legal assistance. But, the one time I did have a Public Defender for an incident that was not traffic violation the Public Defender seemed as knowledgeable as any other lawyer and was very helpful to my case, so in my experience a Public Defender can be a good thing and better than being not represented in some situations. So if you can't hire a regular lawyer I'd stick with the Public Defender. But this is just my opinion.
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Old 03-13-2009, 01:12 PM
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Originally Posted by Change4life View Post
Sometimes its bewtter to have a PD. They are in the same court almost everyday and know the judge and prosecutor. They will usually work with the PD. Private lawyers sometimes **** the judge off. Its really hard to say. Just be prepared to be able to speak for your self also. I ahd to go to court for cocaine possesion. My first PD absolutely sucked, if I hadnt spoken up for myself I would have been screwed. The second time I went they gave me someone new and he was much better.

I have to tell you though the key to "getting a better deal" is true remorse and acknopwledgement of your mistake. If you are sincere and show that you have sought help they will be more lenient within the framework of the law. Some crimes come with mandatory sentences and there isnt much a judge can do. Go get some counseling and bring proof. Go to meetings and have someone sign a paper showing you were there. Bring those things to court. Volunteer for something. Helping someone else will help you heal and it looks good in front of the judge.Dont think you can waltz in there and get off if you dont show that you understand the severity of what you did and prove you are willing to change no matter what type of lawyer you have.
I can also say, before I could go in front of the judge for sentencing I had to meet with an alcohol assement person, she aasked me bunch of questions. and what I was doing to make sure I would never drink & drive again.
I actually printed off some stuff from THIS WEBSITE! I printed off my profile & told her I was memeber here & was getting alot of informtion here & learning alot. I explained that with no license it was very hard to get to AA meetings.

She was actually impressed & said she would recomend this site to others. So that may be an option too?!
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