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Public Defender or Private Attorney? San Diego DUI

On Behalf of | Jul 13, 2014 | Firm News |

Alyssa is tackling one of the most important questions so many people in San Diego contemplate when charged with a San Diego DUI or other crime.  Do we hire a Private attorney or go with the Public Defender?

The very first question to ask is do you qualify for the Public Defender?  If you make a certain amount of money you might have to pay a fee to the Public Defender.  Just a thought if you have a good income but you are just pondering about spending money….you may already have to pay anyway.

I will say one benefit that stands out to me on San Diego DUI cases is dealing with the DMV.  The Public Defender cannot advise you on the DMV side of the possible consequences.  An individual is faced with dealing with the DMV alone.  I am not just talking about the APS hearing but doing everything you can to get a restricted license and getting your full privileged restored.  There is no much different (and sometimes contradictory) information on the internet it can drive one mad.

Finally, the devil is in the details.  Obviously every police report on its face is strong and is usually presented to the prosecutors ready to issue charges.  It is applying reality to the report when you find the report may not be the gospel.  It is analyzing facts you have obtained from your client that is key.  You bring these discrepancies to the prosecutions attention and a reduction is highly possible.  You see a breath machine has an error…..it is really small…but it is there.  These small details can potentially make a big difference.  Any attorney burdened with a large caseload has trouble finding those details.  That is why you need time and a skilled eye to find these nuggets.  It sometimes just comes down to experience.  Misdemeanor Public Defender usually have less than two years from law school.  Most private attorneys have been handling San Diego DUI cases for years.

The Law Office of Mark Deniz has the privilege of working with some of the best young legal minds in San Diego.  One of these persons is Alyssa Frazier.  Alyssa is a law student at Thomas Jefferson School of Law.  She has worked for the firms since 2013.  She is on the law review and one of the top of her class. She has an intense desire to help people.   She was invited to write on subjects that she comes across while working with the firm.

Today, she is writing about Public Defenders vs Private Attorneys.  I will say I will almost guarantee Alyssa will be a Public Defender within a year  or two.

A question has been posed to many private defense attorney……  why should I choose
you over a public defender?

This is a good question, and it really depends on
what you are looking to get out of the charges you face. If you want to try to
be as least expensive as possible, a public defender may be the best way to go.
They are court appointed, and thus sometimes do not charge clients, depending
on the financial situation of the client. However, due to the time constraints
public defender’s face, they do not have as much time to investigate and find
out more about you, and thus may lose some of their bargaining power because
they do not find the evidence that private attorneys might. The public defenders
are usually very great at their job, and will try to get the best deal for
their client. However, with the limited amount of time they have to spend per
case, they just can’t allocate as much of their time to each case as a private
attorney (who has much fewer cases likely) would be able to do. Thus, they may
not be able to get the same deal that would be offered to you if you obtain a
private attorney. The private attorney has more time to talk to the prosecution
about your case, more time to find out about you personally, and more time to
spend on your case generally.

if you are looking to get by with less monetary commitments, then the public
defender may be the way to go. However, if you are looking to get the best resolution
possible and to potentially resolve the case with less imprisonment or less
fines, hiring a private attorney would likely be your best bet.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges.  Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case.  Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384 or send an email to [email protected].


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