The most recent police-reported data in 2021 indicated there were approximately 77,600 impaired driving incidents in Canada, which is a decrease from 2019 to 2020. Even so, many people face DUI charges and need to deal with the court system.
If you’ve been charged with driving under the influence, it’s easy to be overwhelmed and not know where to turn. Learning the differences between a Legal Aid Lawyer for DUI vs. a private attorney will help you decide how to manage your case.
Keep reading this guide to learn the differences between a public defender (Legal Aid Lawyer) and a private attorney to determine which is best for you.
Public Defender (Legal Aid Lawyer) for DUI
First, it’s essential to look at the definition of a public defender, known as a Legal Aid lawyer in Canada. Legal Aid services in Canada are subsidized or government-funded services which are available if you cannot afford legal services. These services involve a Legal Aid lawyer that will help represent you in court.When you use Legal Aid services, you won’t have a say over the public defender (Legal Aid Lawyer) experience or any other aspects of who represents you, unless you specify ask for a lawyer by name.
Qualifying for Legal Aid
Each province has its own rules for who can qualify for Legal Aid. In general, you’ll need to meet low-income requirements and have little money left over after you pay for necessities like food and housing. You will also need to meet guidelines on the type of charges as some charges do not qualify for Legal Aid assistance. This includes some types of DUI charges.
Every province is different, so you’ll need to check the rules for where you live. In Alberta, you’ll need to contact Legal Aid to see if you qualify. If you do, you can get early appearance assistance to help with your DUI criminal case.
You’ll need to call as soon as possible after being charged, up to two weeks before your first court appearance.
If you don’t qualify, you can talk to a duty counsel lawyer to help prepare you for court. They can give you brief legal counsel and assist you with your docket appearances.
However, you can’t schedule a duty counsel lawyer in advance. Therefore, you’ll need to ask for duty counsel as soon as you arrive at the courthouse. Remember that you have no control over the public defender caseload, so you must wait until someone is available to speak to you.
What Can and Can’t You Use Legal Aid For?
Legal aid can only be used for specific types of criminal matters. It’s primarily for cases that involve economically challenged people who face criminal offences that could lead to incarceration.
It’s also for young people facing criminal charges who don’t have access to their own legal counsel.
People facing workplace sexual harassment and problems with domestic violence can also qualify for legal aid. Finally, people who are facing issues with immigration may qualify for legal assistance.
A DUI criminal case may not qualify, but you’ll need to ask about your case specifically.
Other Legal Assistance
If you don’t qualify for Legal Aid but don’t think you can afford an attorney, you can check into organizations that provide free legal advice.
For example, you can find pro bono law organizations and clinics in Alberta that will help people who need legal advice for criminal and civil issues.
You may also be able to find Student Legal Services from law students at local universities in your area.
Private DUI Lawyer
Hiring a private DUI lawyer for your DUI case is well worth it, but there are some things you need to know first.
First, impaired driving laws in Canada are complicated, and facing charges alone isn’t a good idea.
If you don’t qualify for Legal Aid or have a complicated case and need more than duty counsel, hiring a private lawyer can significantly help your case.
Relevant Experience
A private DUI lawyer will have plenty of relevant experience that can help your case. This is especially true if you find an experienced law firm with lawyers dedicated to this practice area.
In these cases, private DUI lawyers have experience with local court processes and how a case like yours will typically move along in court.
In addition, most private defence attorneys have many years of experience before they go into private practice.
Helps You Understand the Laws
A private DUI attorney will take the time to ensure you get a basic understanding of the laws. You’ll see how the current laws can impact your case, which will help you better understand your options.
This will help you feel more comfortable dealing with your case in court.
Represents You During a Trial
If your case goes to trial, a private attorney will be there with you every step of the way. First, they can arrange to appear in court on your behalf, which shows you’re serious about defending your charges.
Private DUI attorneys will also be more successful in arguing your rights which may help you have a speedy trial.
They’ll also help you during pre-trial meetings and review the evidence against you, like police reports, witness statements, and police investigation notes.
Overall, having an experienced attorney will increase the likelihood that your criminal charges will be reduced significantly.
DUI Lawyer Cost
The cost of a DUI lawyer varies depending on the complexity of your case. Your lawyer’s experience and location of the case also play a role.
It’s best to book an initial consultation to discuss your case in detail. The attorney will ask questions about your charges and will need to know your prior criminal history.
During the consultation, you’ll learn about your potential legal options and what strategies the lawyer thinks are best. Finally, you’ll learn about the projected cost for your case.
Remember, booking an initial consultation is well worth your time, and the total cost may be something you can manage. Ultimately, it will give you the best understanding of your options.
Get Expert Legal Help for Your DUI Today
Knowing the differences between a public defender for DUI and a private attorney will help you navigate the next steps.
You can turn to BARR LLP in Edmonton for your legal needs. We began in 1998 and now have a large team of legal professionals in various areas like criminal law, wills and estates, civil litigation, real estate, and more.
Our goal is to provide high-quality work while being sensitive to the needs and feelings of our clients.
Make sure to contact us today to get the help you need with your DUI case.
