There is often a misconception about when people have the right to have a lawyer help them with their criminal cases in California. The right to counsel is limited in several different ways: The charges, the situation and type of case play important roles.
The landmark Supreme Court case Gideon v. Wainright, found that anyone facing criminal charges is legally entitled to a lawyer furnished by the state if they are found financially unable to secure one for themselves. Before the ruling of this case, the right to counsel only applied to federal cases.
Ventura County, like the rest of the United States, is no different. The courts have to provide you with a lawyer, to fully ensure that you are receiving a fair and equal trial.
When it comes to civil cases, it is very unlikely that the courts will appoint you a public defender for your case.
It is also worth noting that the courts won’t appoint you an attorney until after judicial proceedings have been initiated against you, which usually is during your first court appearance, called your arraignment.
To obtain an attorney you have to talk to the judge and request one, while also providing a financial declaration to see if you are eligible for a public defender.
If the police call and say they “need to speak” with you. You’re not entitled to a lawyer. What this means to you is a couple things: First, you shouldn’t be talking to the cops without a lawyer, and Second, if you need a lawyer at this point, you have to hire one. So when you find yourself in that little interview room with a couple cops, and they tell you that you are free to leave…Leave. Thank them for their time and walk calmly and quickly to the door, and get out.
The benefits that come from the right to counsel can be immense. Low income individuals are given a fair shot on their case, while not causing any financial burden to them.
There are many great public defenders out there and it is worthwhile to see if that’s the right option for you, especially if finances are an issue.
Like all things, there can be drawbacks to the free lawyer. In DUI cases, public defenders will not handle the DMV hearing. They will not help with getting a restricted license back and they don’t concern themselves with things like ignition interlock devices or SR-22’s. These are all normal parts of my representation in DUI cases. This said, not everyone can afford a private lawyer. If you can’t afford one, don’t ever try to go it alone. Don’t be shy. Ask for the services of the public defender. They are normally well trained lawyers who know their job.
If you or someone close to you has been arrested or charged with a crime, call an experienced lawyer who can help. Call a real lawyer who goes to court every day to serve clients, one client at a time.
Call me:
Attorney Jeffrey Vallens (818) 783-5700 or (888) 764-4340 or
Email me at: vallenslaw@yahoo.com
Visit my sites: www.4criminaldefense.com or www.westlakecriminaldefense.com