Legal Question in Criminal Law in Minnesota

dui arrest

can a person be refused a public defender on the basis of being employed. no lawyers will take the case with out a cash retainer and the person doesn't have the money


Asked on 12/30/06, 12:05 pm

2 Answers from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: dui arrest

Yes, the defendant can be denied a public defender if he is employed and his earnings are in excess of the guidelines (essentially poverty guidelines, which depend on family size). It makes not difference whether the defendant otherwise lacks the money to hire an attorney. Private lawyers, particularly in a DWI case, will insist on being paid in advance, since the likelihood of getting paid later is low, particularly if the individual does not have adequate resources to pay his or her bills.

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Answered on 12/30/06, 1:11 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: dui arrest

Qualifying for a public defender depends on your income. If you are employed and determined o be above poverty guidelines, you will not be approved.

Certainly most lawyers will require a retainer to provide services. The retainer may be paiod by credit card in most cases.

For a consultation call us or visit dwicounsel.com

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Answered on 12/30/06, 12:09 pm


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