Hello. I have a few questions concerning the same situation. I recently was pulled over, and the officer found some alcohol in my trunk. Of course, I got pinned with Underage Possession of Alcohol. This was my first run in with the law EVER. I went to court this last thursday, and they told me that I could either plead no contest and get it settled that day, or I could wait for the trail and go out and get an attorney. I asked for a public defender, but the judge told me they would not appoint me a PD because it was a non-jailable offense. Now, regardless if it was a jailable offense or not, isn't it my constitutional right to be able to get a public defender? I mean, it's in the miranda rights and everything. Anyways, I ended up pleading NO CONTEST because I can't afford a lawyer. The conditions were 6 months restricted license, 50 hours community service, court fees, and an 8week class. Now, as overkill as these are, I was told that as long as I completed them, the charge would not be on my record. My last question is this: Will this effect my car insurance? I've been told that it probably will, however since the charge isn't supposed to be on my record, I wasn't 100% sure.
1 Answer from Attorneys
No, you have no constitutional right to a public defender for the non-jailable
offense described and, furthermore, there is no reference to such a right in the
standard Miranda warnings.
The record of your involvement with this offense should not continue as a record
only if you received the disposition described in Va. Code Sec. 4.1-305F.
(deferred proceedings with no conviction)), but even that will likely continue to be reported for the foreseeeable future until you have fully complied with all of the conditions of your probation which could be six months to a year and which consequently could possibly have an effect your on your automobile insurance premiums or other related issues.
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