How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CrimDefense Your Own Question
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27987
Experience:  10+ years defending Misdemeanor and Felony cases.
9540344
Type Your Criminal Law Question Here...
CrimDefense is online now
A new question is answered every 9 seconds

Received a DWUI in August 2012. First arrest ever, 43 y/o.

This answer was rated:

Received a DWUI in August 2012. First arrest ever, 43 y/o. My BAC was high, a .18 and I will be required to received a ignition interlock, no problem. I was appointed a court atty due to financial stress. All was well, until my court appointed atty looked at my discovery video where I said while being booked, during my inebriated state, that I had 10k in jewelry I could sell to get money. Well, I am 63k in arrears on my mortgage with BOA (behind since March 2010) and my husband qualified for a 100% discount from St Johns Medical Center in Jackson, Wyoming due to lack of insurance and limited finances. I was drunk at the time a mouthed off stupidly. Any advice on how to defend myself tomorrow at the motion hearing?

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. What is the basis of the hearing? Is your attorney looking to withdraw from the case as a result of you having the finances to obtain private counsel? Did you fill out an application in court for the public defender?

Customer: replied 4 years ago.

Yes. He says it is not his choice but requirement since I stated that I had 5 times the amount required for a atty. (Sorry about caps...not yelling). Yes I did fill out application.

Did the application ask you about your financial situation and if so, did you disclose the truth? Did it ask you about assets or things other then actual cash?
Customer: replied 4 years ago.

Yes I did disclose the truth and told them of all my financial situation, including losing my home.

The decision to allow the PD to withdraw from the case will be at the discretion of the Judge. The Judge is likely going to place you under oath and inquire once again about your finances. The Judge is going to review the application which you filled out and ask if everything was truthful. As you stated above, you were intoxicated. Often times, we don't think properly and say things that are not entirely true. If the Judge asked you specifically about your jewelery, you will have to answer truthfully and can explain if you do actually have this and if you are able to sell it. At the same time, you should bring proof with you, showing the hardship and lack of finances, at this time. Show your current financial situation and that of your husband. Give the Judge to information and allow him/her to make the decision if you can still use the PD or if they can withdraw. If you have answered truthfully to everything that you have been asked and on paperwork that you have filled out, then you have nothing to worry about, in regard to getting in trouble. Tomorrow is not necessarily an issue of defending yourself but showing the Judge that you can not afford to retain private counsel and need to continue to use the PD.

CrimDefense and 4 other Criminal Law Specialists are ready to help you