Hiring an unqualified attorney for a case related to a technical, specialized field such as DUI can bring an individual dire consequence. Some people try “hiring” themselves thinking that since the charge is common among others that it will be as consequential as a first speeding ticket. Choosing an attorney that specializes in another field such as family law may be of little help as well.
DUIs are a very technical and specialized field. There is a lot of law that is unique and specialized to driving-under-the-influence cases. Equally important is the unique and specialized science intertwined with these cases. DUI defense is really a subset of criminal defense in general. You really do want someone specialized in the field of DUIs to represent you.
When someone walks into court and says, “I’m just going to handle it myself,” that person has no idea of the predicaments that lurk ahead. An individual who does this has no context for the approaching situation. When the court tries making a deal with the defendant, it may be a good deal. Then again, it may be a normal deal, or worse, a bad deal. The judgement for the defendant is unlikely to have been the best deal if the lawyer is oneself.
Other circumstances prompt people to consider representing themselves in court. Sometimes they explain, “I’m just going to plead guilty and ask for mercy.” There is no mercy in court. At other times, people may remark, “I want to plead guilty with an explanation.” Again, the court cares not. Guilty is guilty is guilty. The penalties will come from that regardless of your background, explanation, or anything else.
DUIs really stay on one’s record forever. If a case is not handled properly, it may still haunt you in the years to come. DUIs have a lot of subparts, a lot of different penalties that come along with them: Department of Motor Vehicles consequences and court consequences. This means fines, fees, and classes. It also triggers insurance requirements.
If you walk in and plead guilty, you may not understand everything that has to be done, and when things start to fall through the cracks, people can be found in violation of probation. One of the terms of a DUI conviction that is required is that the individual be on probation. You can violate probation simply by forgetting to turn in your paperwork or by failing to pay finds or attend classes. Neglecting to handle your driver’s license correctly is a probation violation. Probation violations are like new cases, and with them can come more fines, fees and sometimes jail time.
Clean records will not advocate for you either. A lot of times people think they will be entitled to a break since they have never been arrested or in any other kind of trouble before. Truly, if you do not have somebody advocating for you, you are not going to get a break. Regularly, the courts are too busy to take the time to look at an individual case. There are certain mandatory penalties for a DUI, and there are standard penalties depending on the prosecutor and the prosecution agency. These penalties will come, regardless of whether you have ever been in trouble before – unless you have someone who can stop it, stand up, and say, “Hey, wait a second. This case is different. We need to take a closer look at what is going on.”
Understand that clean records and other factors of one’s life that prove character or community involvement ought not to be ignored by those involved in your case. It’s important to give that information to your attorney for possible use. An experienced, qualified attorney knows that information needs to be presented in a certain way. Those who represent themselves will not know how to use the 10 seconds allotted by the court to serve up that information properly so that it is meaningful to the case. Self-representation can lead to self-conviction. You will have to deal with all of the penalties and consequences that come with that.
Actually, in Los Angeles, California, we have specialized rules and regulations that will stop people from representing themselves. First of all, a waiver of their rights must be completed. They have the right to an attorney, and they have to fill out paperwork saying they are going to give up the right to an attorney. The judge will actually question them on it, because it’s that important to have an attorney instead of floundering through the legal process by oneself.
If you are unable to afford an attorney, the public defender’s office can appoint one for you. I encourage anybody who can’t afford a private attorney to have a public defender appointed if possible. However, be aware that there is a monetary charge for a public defender. Contrary to popular belief, they are not free. Public defenders are only available to those of very low income. Even if you feel you have nothing available to pay for a public defender, you may be ordered to do so by the court. Still, a public defender is far better legal representation than choosing self-representation.
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