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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20173
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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My son was pulled over for seatbelt violation at 2pm. Passed

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My son was pulled over for seatbelt violation at 2pm. Passed field sobriety test. Nonetheless given a blood test. Arrested for DUI - 1st offense. Held for 4 to 6 hours. Admitted to smoking marijuana 4 hours previous. 2 grams marijuana found in his car. Should he get a public defender or a specialist in this kind of infraction?

Thank you for the information and your question. If your son can afford a private attorney, then he would not qualify for a public defender anyway. In other words, in order to be appointed a public defender a person must be indigent or otherwise meet the financial guidelines. All things being equal, even if he did technically qualify for a public defender, I would strongly urge him to hire a local criminal defense attorney who handles DUI's and drug charges as they will have more time to devote to his case then a PD does.

As far as talking to someone now, although he might want to do that, it is not absolutely necessary. His first hearing is just an arraingment and he will likely enter a Not Guilty plea if he an his attorney have not have time to meet or to work out a deal with the DA. There is no rush at this point, then court will not do anything but take a plea and schedule the next hearing date, so he has time. He can contact the PD office if he wants to in order to see if he even qualifies, but that is up to him.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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Customer: replied 3 years ago.

Thank you Marsha. He has written down everything that happened as he remembers it. Is there anything he should be doing at this time?

You're welcome. No, other than waiting to speak to his attorney not much he can do. He should definitely not discuss the facts of the case with anyone other than his attorney though so he doesn't run the risk of making anymore admissions that can be used against him at trial.