Legal Question in DUI Law in South Carolina
DUI and Public Defenders
If someon gets a DUI that he may get incarcerated for if found guilty, why can't he get a public defender? Doesn't the law require this if he can't afford one?(Gideon vs. Wainright 372 U.S. 335 - 1963)
Asked on 1/24/08, 5:21 pm
1 Answer from Attorneys
Robert Johnston
Law Offices of Robert J. Johnston
Re: DUI and Public Defenders
Simply being subject to incarceration is not enough. A lot of criminal cases are handled by Magistrate and Municipal Courts in which the sentence may be 30 days, or 60 days, or 10 days, etc. Just because jail is a possibility does not automatically entitle someone to a Public Defender. Most any crime that carries in excess of 6 months to a year however does. So what dictates the right to a Public Defender is the amount of possible time. Was this a DUI First Offense?
Answered on 1/24/08, 5:58 pm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
