Understanding Your Constitutional Right to Legal Council
Americans have the luxury of being protected by the constitution. This document provides many laws to protect our freedoms and rights as a free people. Within the constitution are guarantees for those facing criminal charges. These guarantees offer legal counsel for those facing certain charges.
The sixth amendment states, “In all criminal prosecutions, the accused shall enjoy the right… to have the Assistance of Counsel.” As with all constitutional law, it can be very vague as to the exact meaning of the text. Supreme Court cases often define or interpret, constitutional law. Cases have discussed what it means to have the right to counsel.
In one Supreme Court case, they decided that defendants in all felony cases have a right to legal counsel. Another case said that if you are facing incarceration that you have a right to counsel. So you have a right to counsel when you are faced with imprisonment and if you are charged with a felony.
This means that you either have to be charged with a felony DWI or be facing some jail time to be able to have a public defender provided to you and give you Springfield DWI help. If you are not facing either of these, then you may have to find another way to get an attorney that is not a public defender. Overall, you should know that if you are facing a DWI charge, you can always get help from DWI Springfield. For some smaller DWI charges, you may have to figure out another way to get Springfield DWI help if you do not qualify for a public defender.
What Are The Limitations Of Springfield DWI Help With A Public Defender?
As discussed above, there are some situations that you will not be provided with a public defender. A lot of people have this misconception that they will always be provided with a public defender. Case law has outlined only a few times when this constitutional right is in place. Aside from case law, there are other situations that will prevent you from having a public defender.
Most courts have a financial test to determine whether you should qualify for a public defender. If you make a certain amount of money or have a certain amount of assets, you may not be able to have a public defender represent you. The court determines at a certain income you should be able to get private DWI help in Springfield.
You may not know whether you meet the requirement so all you need to do is ask. They can either walk you through the financial test or they may instruct you on whether your crime meets the requirements to get a public defender. Before you decide to ask for a public defender, you may want to ask yourself whether you want a public defender or a DWI attorney to give you DWI help in Springfield.
Should You Hire A Public Defender Or A DWI Attorney?
This is a question on a lot of minds after being slapped with a DWI charge. Depending on your financial standing it may be a simple answer. If you cannot afford an attorney but you still want one, then your only option would be to get a public defender. A public defender is provided by the state in your area to uphold your constitutional rights so that you get DWI help in Springfield. Say that you do have the financial means to hire an attorney, should you hire a DWI attorney? This can be a difficult question to answer. However, discussing the differences between a public defender and a DWI attorney may illuminate your answer.
A public defender is provided by the state for indigent individuals that may not be able to afford a DWI attorney. As discussed above, the sixth amendment of the constitution explicitly states the right to counsel. Public defenders are offered to those who may not have the financial means or are being faced with imprisonment. Public defenders can offer you DWI help in Springfield, but you should know that they are not strictly dealing with DWI charges.
This does not mean that you won’t get excellent work from a public defender. It just means that you should know that they are not experts as compared to an attorney who strictly deals with DWI charges. In addition, a public defender is often spread very thin. They are busy handling all the charges for individuals in the county that wanted a public defender. As alluded to above, this may include tort cases, property cases, or even criminal cases. The chance that you do not get the attention that you want from a public defender may be more likely than a private attorney just because of their overwhelming caseload.
However, a major perk of having a public defender is the cost associated with having one, if there is a cost. Public defenders are attorneys just like a DWI attorney. They have been licensed with the state. A major difference is the caseload and their area of focus.
If you have the financial means, you will most likely look to a DWI attorney for Springfield DWI help. After being charged you may want to hire a DWI firm, like DWI Springfield. These attorneys have dedicated their entire practice to provide DWI help in Springfield. They have spent numerous hours studying the specific statutes on DWI charges in Missouri. Also, their knowledge of how the law applies to numerous factual situations is a bonus to you. There will probably not be a situation that they have not seen before, and they will know how to address the problem.
A DWI firm survives by providing excellent legal counsel and by either lowering your charge or at least giving you the best shot possible. This means that your interests and concerns are their interests and concerns. This alone may be the best reasons to hire a DWI attorney if you have the financial means to do so. Whether you have the financial means or not, you should know that the constitution has safeguards so that you are protected with legal counsel in certain situations.
In addition, some people decide to represent themselves before the judge pro se. Although not recommended, many people choose to travel this lonely path. You should know that when you are charged with a DWI you have options depending on your circumstances. If you are in dire need of a DWI attorney, do not hesitate to hire one or look to the county for a public defender.