Los Angeles DUI Lawyer Blog

A witness is anyone who observes anything. Literally, in a DUI or other Criminal Case the police officers are the star witnesses because their observations form the foundation for your arrest as well as the basis for criminal charges against you.

For example, in a DUI arrest the officer's observations the driver had been weaving or lane straddling provides the probable cause or legal reason for the traffic stop. Although police officers are supposed to be neutral and unbiased civil servants whose job is to protect and serve, that's not always the case. A police officer's job is also to build a criminal case for the prosecutor when they suspect a criminal or vehicle code violation has occurred. This can cause one to question the written the neutrality of their observations and opinions.

Theoretically, a defendant in a DUI criminal case is also a witness, but often their statements or recall of events is seen as suspect because it is often tainted because of their perceived bias to minimize or eliminate any responsibility on their part.

Anyone charged in a DUI or Criminal Case can certainly benefits by having a witness which can if they are willing to, testify to positive aspects of one's defense, or offer exculpatory evidence which can cast doubts on the observations of the officers or other prosecutor witnesses. A percipient witness is a person who actually observes events which often have led to the defendant's arrest. This type of witness is the most valuable, since they are often viewed more neutral than the defendant himself.

Another category of witness, call an independent witness can be very valuable as Well. This witness is often viewed with more credibility since they are not favoring either side, and often have no ax to grind or motive for falsification, because they often do not know any of the parties. These type of witness are viewed as just telling what they saw, without putting a spin on it, favorable to either the prosecution or defense.

Witnesses have the capacity to convince a prosecutor, judge, or jury of the truth, or lack of truth. In simpler terms, one or more witnesses can not only help show that you are innocent, but, it can also help show that you may be guilty. A careful evaluation, by an experienced Los Angeles Criminal Defense attorney, of the value of any witnesses testimony needs to be carefully reviewed and considered before introducing their testimony at a court or jury trial.

A Criminal Case is not complete until the defendant has appeared in court for all required court dates and when sentenced probation has been completed. Oftentimes, due to circumstances out of our control, probation can easily be violated causing the Defendant to appear in court and have the Criminal Judge decide on what further action will be taken.

An experienced Los Angeles Criminal and DUI Defense Attorney has helped thousands of clients receive a lower sentence including a favorable and minimal probation. Furthermore, they have also helped thousands of clients make powerful arguments in front of the Judge to reinstate their probation when it has been violated.

Probation may be violated in several different ways and is often imposed from three to five years depending on the specific Criminal Charge. In some cases the Defendant is charged a fine or fee to pay restitution. If this payment is not made, or untimely, a probation violation will occur. The defendant may also be asked to complete certain rehabilitation programs, which, if not completed will result in a probation violation.

In certain instances specific rules may be imposed and if violated will lead to a probation violation charge, as will a failure to appear in court when asked to do so by a Judge. Another action that will be grounds for a probation violation is if a defendant fails to report to an officer, if it is part of their probation requirements.

Some violations will be of a more serious nature and will therefore lead to harsher consequences. If a defendant on probation is caught with an illegal substance, found committing another crime, or arrested, the result of such misguided actions will not be taken lightly by the Criminal Court.

Whether the probation violation is on the higher end of the spectrum or towards the lesser degree, it is smart to have a knowledgeable Los Angeles DUI and Criminal Defense Attorney on your side. A Lawyer, such as Ronald Hoffman, has been practicing Criminal and DUI Defense for over thirty years and has built a solid reputation with the Judges and Prosecutors throughout Southern California. He knows how to build a strong and strategic defense for your specific case and can get your probation reinstated without further consequences. Call our office for a no obligation consultation today!

Driving under the influence of alcohol or even drugs Is the most commonly committed criminal offense in the United States. That being said, it is easier to understand why many courtrooms throughout California are filled with drunk driving cases each day. There in lies the problem. In these high-volume courtrooms, especially in major cities like Los Angeles, prosecutors have very little time to read and review the details of each case .This can be a benefit to clients.

The benefit is that in these very busy Courts, prosecutors and judges are forced to spend increasingly less and less time in reading and reviewing as well as evaluating each case on its individual merits. In my over 30 years of courtroom experience as a drunk driving defense lawyer, that actually benefits my clients each day.

Generally in police arrest reports, there is only negativity, rarely are police officers writing about the positive elements of the person they're arresting. Their focus is to build a case to prosecute, rarely to assist the defendant in minimizing the appearance of their conduct.

The downside... generally in high-volume courts defendants are viewed more like case numbers and not like people. When this occurs, there is often no personal information about the defendant or any mitigating circumstances like the positive background of the client, job, lack of criminal record, family or other favorable information. Once this positive information is infused by an effective and experienced defense lawyer, a more favorable and balanced view of the client, always leads to better results.

At Hoffman and Associates our firm of skilled and highly effective advocates begin from the day were retained to develop all possible favorable information, not only about the facts of the case, but also about our clients background. This creates a foundation for building a defense for each client. We commonly ask our clients at the beginning of our representation to provide as with character reference letters, resumes, letters from employers, and any other positive information to show a more positive side of our clients background, contrasting the negativity of the information contained in an arrest report.

Being arrested is like being kicked in the head by a mule. It probably leaves you dazed and confused for many hours. One of the most important benefits of consulting and experienced DUI and Criminal defense attorney is to understand the potential consequences of the charge you were arrested for.

Every criminal charge has a sentencing guideline set out by the legislature in one of several common places. These include the vehicle code, Penal code, health and safety code and welfare and institutions code.

Although most people think there is a set penalty, that is not true. To be more accurate, there are sentencing ranges set out for each code violation. These typical penalties include summary or unsupervised probation and formal probation where one is assigned a probation officer which oversees your compliance with the terms and conditions of your probation subsequent to a conviction by plea, court or jury trial.

For example a first offense driving under the influence of alcohol case , the range is between zero and six months in jail. A third offense drunk driving case has a much higher range which exposes to not only greater maximum penalties, but imposes higher minimums like the 120 days in jail minimum for anyone convicted of a third offense drunk driving case within a 10 year.

The importance of understanding any offer or plea bargain from the prosecutor is critical to evaluate the case properly. By knowing this information you and your attorney can better evaluate whether or not the offer is a good one and worth considering accepting.

In a drunk driving case, there is a minimum of three years summary or unsupervised probation, and a three-month alcohol program. People see two cases with prior convictions may be required to attend longer alcohol programs, longer potential jail time as well as probationary terms and higher fines.

For example quilty pea to a domestic violence charge requires probation for a minimum of three years and a domestic violence counseling program, which typically lasts one year. This program is required by state law and cannot be deleted by a prosecutor or even a judge if they chose to request that.

Knowledge is power, knowing what's are up against is always valuable to making the best decision, based upon the facts and circumstances of your case.

Nicole Richie, former reality star and daughter of famous musical artist Lionel Richie, was granted an extension on her probation resulting from a 2006 DUI. In December of 2006, Richie was arrested and charged with a DUI after she was caught driving the wrong way on a Los Angeles freeway. After pleading guilty, she was sentenced to 4 days in jail and 38 alcohol education classes.

Richie's probation was set to end in July 2010, however the actress has been unable to complete all the court requirements due to the birth of her two children with rocker Joel Madden. Richie's attorney requested a court approved leave from her alcohol education classes, which was granted by the Judge and extended to March 2011.

You do not need to be a celebrity to get highly skilled Criminal Defense help. A Los Angeles DUI Attorney who has been practicing for over thirty years can provide you with affordable professional representation and the zealous advocacy you need to successfully fight your case. At Hoffman and Associates we have helped thousands of clients with DUIS and have established a solid reputation with the many Judges and Prosecutors in Southern California courts.

A knowledgeable DUI specialist can argue your case from the beginning through to its completion so that you see the best possible results, avoiding jail time and a shorter period of probation. In the event that you are unable to complete your probation requirements, You do not have to be a celebrity to be granted a favorable extension. An Attorney who has created a favorable presence in the criminal courts of Los Angeles County, will be able to present a strong argument on your behalf so that you can get the time you need. Contact our office to get started on your free consultation right away!

With the costs and expenses associated with a DUI, it is a natural concern to have questions regarding how it will affect your auto insurance. Not only can a Criminal Defense attorney specializing in DUI answer any questions you may have, but can also use their experience and knowledge to fight hard to keep the costs as low as possible.

There are many potential consequences to your auto insurance depending on the final decision of the officer at your DMV hearing and the company you use for your coverage. It is common to lose your auto insurance after being convicted of a DUI. Your driver's license may also be suspended by the DMV, and therefore being covered by your auto insurance company may not be an immediate concern. With the help of a Southern California DUI attorney who will strategically defend your case during your DMV hearing and in court, it is possible to avoid revocation of your driving privileges, even if it comes in the form of a restricted license.

Additionally, many auto insurance companies maintain that they do not cancel your insurance on a first time offense, but do deal with it in a harsh manner. You can assume that your insurance premium will be increased. Whether it is increased by a significant amount, or something more manageable will depend on your specific insurance provider.

In the state of California you are also required to file an SR-22 insurance form with the DMV to reinstate your driving privileges after you have been convicted of a DUI. An SR-22 is a vehicle liability insurance document which provides proof that the driver has the minimum liability coverage required for California.

Once charged with a DUI, the costs of legal help, court fees, and fines start adding up. The last thing you need is additional costs to your auto insurance. An experienced DUI specialist, like Ronald Hoffman, not only provides you with reasonable rates and a payment plan that works for you, but also fights hard to get you the best possible outcome at your DMV hearing. Such results can only come with over thirty years of experience and a solid reputation among the criminal courts in Southern California. Contact our office today for your free consultation with one of our highly trained attorneys!

Anyone charged with a DUI or other criminal offense is entitled by the Constitution to a jury trial. At a jury trial the prosecution is for acquired to put on sufficient evidence to prove that you are guilty of the offense charged beyond a reasonable doubt.

In a California DUI case, the state must prove that the officer had probable cause to stop you. This critical element requires that the driver violated at least one or more of the sections of the vehicle code. Examples of common reasons to stop a driver in a DUI arrest are speeding, weaving, following too close, or failing to stop at a stop sign.

Although most of our clients contest the issue of their own impairment at the time that they were driving and stopped by the police, physical and/or mental impairment is not a requirement of a driving under the influence prosecution.

California law requires that the driver had a blood alcohol level (BAC) of .08 or greater. A recent trend in some counties and courthouses is to even file blood-alcohol levels of .07 and .06 where significant impairment is present.

Our firm of DUI specialists with over 30 years of daily courtroom experience scrutinizes these critical elements of a DUI offense with each client we represent. Our firm never presumes that any client is guilty, just because they were stopped and just because they may have been drinking. Statements contained in one's police report are carefully scrutinized for accuracy whether by our clients or by the officer arresting them.

Witnesses for the driver, preferably not drinking can provide significant help to strengthen the credibility of our clients position and statements.

The exercise of your rights to a jury trial should be carefully made with the assistance of your attorney by objectively weighing the merits and strength of both sides of your case. An experienced attorney, like lawyers at our firm, are in a superior position to examine a pending case for errors, or shoddy police work, inaccuracies in the drawing of blood or breath testing process, and looking at the weight of both prosecution and defense witnesses.

It is true with every decision one makes, that there are benefits and potential risks associated with every decision. This is certainly true of weighing the decision of whether or not it's in your best interest to pass on a plea bargain, and try your case in front of a jury. It is important to consider not only the benefits of winning, but the potential risk including incarceration plus a number of other potential penalties, if you are found guilty.

Many of our clients who are arrested for a DUI are choose to take a Blood test to obtain a reading of their Blood Alcohol Content (BAC). California state law strictly regulates the procedures for obtaining an accurate blood test sample under Title 17 of the California Code of Regulations.

Despite legal regulations in effect, procedures are not often followed. A knowledgeable DUI attorney is able to review the specific facts of your case and determine if a blood test sample is obtained inaccurately. If errors exist in the manner with which the sample is collected, a skilled attorney can use the facts to weaken prosecution's case and strengthen the argument in favor of the defendant.

When administering a blood test, law enforcement is required to have a trained professional draw the blood. Additionally, they are required to accurately store the sample so that it can properly be tested free of contamination. Officers have to also ensure that the chain of custody is not disturbed. The chain of custody refers to all that have handled the blood sample, from the professional who drew the blood to the technician that tests it for the BAC. All who have had custody of the sample must be accounted for and properly qualified.

Title 17 is extensive and includes many more procedures, in addition to the ones discussed above, that must be adhered to by law enforcement professionals in obtaining a blood test reading. Our team of highly skilled attorneys at Hoffman and Associates are with Title 17 after handling thousands of DUI cases. We can review the specific facts of your case to determine whether your blood test reading was gathered inaccurately which could significantly weaken prosecution's case against you. Hire someone who is not only familiar with DUI Defense, but has been specializing in it for thirty years. We know which errors to look for, and work hard to prepare a defense that will not only strengthen your case but will get you the results you are satisfied with.

A significant component of the prosecutor's case rests on your Blood Alcohol Content (BAC). When arrested for a DUI, you have the option of taking the blood or breath test to determine your BAC. If you chose the Blood Test, you should be aware of the many errors that can yield a higher reading.

In comparison to taking a Breath Test, a Blood test is shown by experts to be more accurate due to the fact that it is a direct analysis. A direct analysis does not have to be converted into a measure of your Blood Alcohol level, as is the case with the Breath test. Regardless of its higher accuracy rate, a Los Angeles DUI attorney will explain to you that the Blood test is not without its own variables of inaccuracy.

A blood sample may be exposed to several factors that may yield an inaccurate result. The sample may be contaminated after it has been taken from the arrested person. Additionally, the sample could accidentally be switched with another, leaving you with a higher BAC than your actual BAC. This will potentially have a significant impact on your DUI case.

A Los Angeles attorney who specializes in DUI Defense, such as Ronald Hoffman, has handled thousands of cases dealing with inaccurate blood test results. Our team of highly skilled attorneys knows precisely how to expose the errors of your BAC reading, weakening prosecution's case and strengthening your argument. Our years of experience and knowledge are reflected in our zealous advocacy and strategic defense of your case so that you see results you can be satisfied with.

The officer's observations in the police reports that he completes after an arrest, are the basis for determining the relative strength or weakness of the state of California's case against you.

In a driving under the influence arrest, the first critical element to evaluate is whether the officers had probable cause to stop you. In a DUI case, the more vehicle code violations the officers cite in their report create a stronger case for the prosecution. Vehicle code violations such as technical violations, like no license plates, or a tail light out although valid probable cause, create a weaker case for the prosecution.

Vehicle code violations like weaving, lane Straddling, or driving on the wrong side of the street, create a stronger case for the prosecution since they add a link for the prosecutor to build a case of a impaired driving.

Although citations for alleged violations are generally not issued for each separate violation, the officer is always seeking to list as many possible violations to build a stronger case against you. Eventhough a ticket typically is not issued at the time of arrest for any DUI, don't be surprised that the officer had listed each and every violation he claims he saw in your police report. Carefully reviewing this report can make you and your attorney aware of the numerous discrepancies contained in the report.

The field sobriety tests, or coordination tests are given by the police officer as a building block to show your lack of coordination and impairment related performance. Although it is always good to be cooperative, it is also important to know what is legally required, and that which is not. These field sobriety tests are not required by law, and since 90% of all drivers completing these do not pass in the officer's eyes, there seems little advantage to agreeing to perform these tests, which are challenging without consuming alcohol.

Your blood-alcohol testing or BAC level, is the contents of your alcohol level determined by a breath or blood test. You have a choice of completing either of these tests, and although the choice is yours, the law requires that you complete at least one of these tests when requested by a police officer who suspects that you have been driving under the influence.

The higher your blood-alcohol level above the legal limit of .08% creates a stronger case against you. Your statements about what alcohol you have consumed, or your admissions to feeling buzzed or impaired, rarely are favorable to making you look better. It is always good to refrain from making additional statements which further corroborate the officers observation about your level of impairment. Don't help the prosecutor build a stronger case against you.

It is important to understand the scope of issues involving being prosecuted on suspicion of driving under the influence of alcohol and/or drugs. A DUI arrest begins a systematic process by the Department of Motor Vehicles to suspend your driving privileges, even if this is your first offense.

Although both the court and the DMV procedures seek to sanction a driver for the unlawful use of a motor vehicle after the consumption of an illegal level of alcohol or drugs, they go about it in very different ways. Each entity follows different guidelines, and separate issues and procedures, and totally different consequences. The main thrust of the DMV is to determine whether or not the alleged DUI driver was stopped by the police with proper cause, and whether or not the driver had a blood alcohol level (BAC) of .08 or over. More severe and longer suspensions are doled out to drivers who refuse to submit to a chemical test, after being stopped on suspicion of driving under the influence.

The courts approach the issues above, but use different sanctions. A range of potential penalties including probation, fines, jail time, alcohol programs, community service, hospital/morgue programs, and mothers against drunk drivers meetings, as well as Alcoholics Anonymous attendance are some of the legislated penalties facing those convicted of DUI's.

The attorneys at Hoffman and Associates are tough courtroom advocates, but take the time to explain to each of its clients the challenges one faces after being arrested for a drunk driving case. So much of the fear and anxiety of the unknown is traded for an awareness of the value of being protected by a skilled DUI attorney.

Our sole goal and responsibility is to minimize or eliminate the potential hardship and consequences of a DUI arrest. Our firm has advised thousands of clients in situations similar to yours feel better, by understanding all of your legal rights, defenses and most importantly their options.

My clients that have been arrested for a DUI often ask me if there are substances that can effectively "fool" a breathalyzer machine. A Los Angeles DUI and Criminal Defense attorney who has been specializing for over thirty years, knows which of these are myths, and which of these substances have an actual effect on your breath test reading.

There are many common myths that some everyday substances like breath mints, onions and denture cream, if present in the mouth before taking a breathalyzer test, will yield a lower result. A knowledgeable DUI attorney will inform you that this is not the case. Additionally, a popular television show named Mythbusters determined whether these substances had an effect, if any, on the results of a breathalyzer test. Tests concluded that there was in fact no lowering affect.

Another common myth claims that placing a penny or battery on your tongue may have a lowering effect on the breath test reading. This is proven to be inaccurate, not to mention, would require some talent to discreetly place the object in your mouth, hold it there during the test, and remove after, without law enforcement taking notice.

There are, however, some substances that were shown by BAC testing experts to have an effect on the breathalyzer reading. Mouthwash changes the results of the test, but not in the way that one would hope. The machine erroneously reads some substances found regularly in mouthwash to be ethanol detected in alcohol. Consequently, the reading will actually overstate the actual BAC found in your blood stream.

In actuality it is much more difficult to "fool" a breathalyzer test than people tend to think. The reading found by law enforcement will have a huge impact on your DUI case. The BAC reading taken from your breath rest will likely be considered accurate unless an error is found. You can find errors in the method you were tested in, or with the machine itself. A well known DUI Specialist who has handled thousands of DUI cases, like Ronald Hoffman, knows exactly where weaknesses in prosecution's case lurk. Our firm will carefully study the specific facts of your case, and will strategically prepare your defense giving you efficient results that you can be satisfied with.

When you are pulled over by an officer on the suspicion of Driving Under the Influence, you are not required to take the screening test at the scene. You are, however, required to take a blood or breath test once you are taken to the station. As with all types of officer administrated tests, including the breath test, there are common errors that arise .

Breath tests are not preferred by law enforcement and prosecutors because they are not a direct analysis. This means that they do not give a direct measure of the Blood Alcohol Content (BAC) but have to be taken as a reading of the breath and then converted to the BAC. The reading derived from a Breath Test is not always accurate. Many factors can alter the results yielding inaccurate evidence.

One such factor is temperature. The machine must be adjusted to accommodate its surrounding temperature and the temperature of the subject; otherwise the reading will be inaccurate. Additionally, breathing patterns have an effect on the reading. Studies show that hyperventilation or vigorous exercise can reduce the BAC reading by up to 32%. In contrast, holding one's breath can increase the reading by 25%.

For these reasons, Breathalyzer machines needs to be calibrated frequently. Calibration is the process of checking the internal settings of a machine against a standard test to assure that it is running properly. If a machine is not calibrated routinely, it will yield inaccurate results, which could affect your entire case.

Breathalyzer machines also have a problem of non specificity. They not only detect ethanol found in alcoholic beverages, but also other substances with a similar molecular structure, such as acetone. Because of a higher level of acetone in dieters and diabetics, they may have a reading that detects a higher BAC, when that is not always the case.

The biggest cause of error in breathalyzer tests comes from mouth alcohol. The breathalyzer needs to measure BAC that is taken as a result of a deep breath from the lungs. If the breath is too shallow, and taken from the mouth, the measure will be inaccurate. A burp or belch will cause there to be a higher measure of mouth alcohol.

The errors and inaccuracy of a breathalyzer test could potentially mean that your BAC is not as high as the tests yield. This not only makes your case weaker for prosecution, but could lead to dismissal. Our firm has been fighting DUI cases for over thirty years. We are familiar with the procedures and errors associated with all breathalyzer tests and know precisely how to weaken prosecution's cases against you. We focus on the specific facts of your case and errors on behalf of law enforcement to strategize the most zealous defense for your case. Hire someone you can trust has the knowledge and background to give your case the best fighting chance and results that you can be satisfied with.

Being arrested for a DUI or other criminal offense is a painful and dramatic experience. For most people, it is one of the worst experiences of their life. Regardless of guilt or innocence, the loss of your personal freedom, being taken away in handcuffs in the back seat of a police car is nothing short of awful.

As the days go by after one's arrest, people start to realize that unfortunately that's not the end of their legal problem. The common feeling of confusion mixed with fear of the unknown, starts to set in. What should I do? Who should I call? Do I need an attorney? Where do I find an attorney? Can I afford an attorney? Can an attorney help me?. These legitimate questions and concerns begin the process of figuring out what is the best decision for me to each of these questions.

Being arrested for a DUI or Criminal offense should be distinguished from the more common experience that drivers have of getting a moving violation or traffic ticket. The major difference between these two types of cases is that a traffic ticket is a simple infraction. The only punishment is paying a monetary fine. There is no possibility that one can lose their freedom and serve time in jail.

A DUI or other criminal offense is substantially more serious, because it is either a misdemeanor or felony. Both of these categories of offenses carry with it not only monetary fines, but a chance of potential jail time, if convicted. Getting arrested is certainly much worse than signing a traffic ticket.

Hiring an attorney is the most important decision one can make when faced with a serious legal problem. The obvious reason is that the legal system is complicated, and laden with numerous options which can be negotiated to your benefit with the prosecutor and/or judge. An attorney is your advocate. Lawyers are trained and specialize in the type of problem that you face and have very often had years of experience representing clients just like you and your circumstances. Although not a free pass, having a skilled and experienced courtroom lawyer can navigate the treacherous waters of the legal system to your benefit.

An attorney can change the perception of the judge or prosecutor by bringing out all of the favorable information about your background, family, good work history, church affiliation, and any other positive attributes which make you shine.

Anyone who has been arrested should immediately consult with an attorney experienced with handling the type of legal problem that you are faced with. You should question the attorney as to his experience in handling this type of matter, and his familiarity with the Court were your case is being heard.

Many established law firms, like Hoffman and Associates, offer potential clients a complementary case evaluation. At this consultation, the attorney will review the facts of your case and advise you on the legal defenses and other options available to you. The attorney will tell you whether he feels that you have legal or technical defenses to obtain a dismissal or plea bargain reducing the charges or potential penalties.

Getting an attorney involved early, will guarantee that you will not miss any legal deadlines, or other opportunities to protect yourself against any harsh potential penalties if you are found guilty. It is always valuable to know your options.

The first hearing subsequent to one's arrest is called an arraignment. Any person arrested for a misdemeanor offense, and not released to the court on their own recognizance,or by posting bail must be brought to court for their arraignment within 48 hours of their arrest. This constitutional requirement does not count weekends or holidays.

Anyone arrested for a felony offense, and not released on their own recognizance, or by posting bail, must be brought to court for their arraignment within 72 hours of their arrest. Like misdemeanor cases, weekends and holidays are not counted towards this constitutional time requirement.

Since all people arrested, are presumed innocent until proven guilty, an arraignment is an opportunity to commence legal proceedings by giving the accused an opportunity to plead not guilty, after being advised of the charges being filed by the prosecutor. At a clients arraignment the charges are read, as well as the possible consequences of the charges,in the event the defendant pleads quilty, or isfound quilty after a curt or jury trial.

It is not unusual in the majority of criminal arraignments for the accused to enter a plea of not guilty, regardless of the actual evidence presented in the police report, or the truth of the accusation. The purpose is to allow a more relaxed timeframe in so an attorney can properly evaluate the charges being brought against his clients, as well as the facts contained in the police reports, and any exculpatory evidence which is present to fight the allegations, including favorable witnesses on behalf of the defendant.

It is one's constitutional right to be represented by an attorney in any misdemeanor or felony case. And accused can retain his or her own counsel to protect and defend their freedom and good record. Those without sufficient funds to retain an attorney will be screened by the office of the public defender to qualify for their services. It is a common misconception, that the services of public defenders are without charge. In fact, fees are determined at the end of any case based upon the amount of time the attorney has spent preparing and defending the client against the current charges.

The cost for public defender services provided are evaluated in context of the defendants financial situation and their ability to pay the cost for legal counsel. In the event that there is no financial ability to contribute to the cost of their legal defense, then an attorney will be provided at no cost. Public defender's are randomly assigned, and unfortunately, cannot be chosen by the client. Due to the large volume of cases in the court system, it is common that public defenders spend a relatively small amount of time on each case.