Is Self Representation Better Or Public Defenders In Admin Hearing?
Are Public Defenders Allowed To Represent Someone In Admin Hearing?
Many people who don’t have the money to pay a private attorney will ask about public defenders. One thing to know about the public defenders is that in most cases, the public defenders are always in that particular court. They are always working with the prosecutor because they’re assigned there every week.
They know the court, they know what the court’s position is on a lot of issues, and a lot of times they can do a really good job, but they do not represent on the administrative DLD hearing. That’s the downside of going with a public defender. They are only going to help them at court and they may miss out on the opportunity to conduct the DLD hearing and get that information and get it on the record.
So the story can’t change and the officer’s testimony is recorded and if something happens later in the case where things may have disappeared or things may not seem right, he can always go back to your DLD transcript and use it.
So, public defenders are really good in most cases but they cannot represent the driver at the administrative hearing and that’s a crucial hearing, not only for the fact-finding but to make sure the driver keeps his license.
How Often Do People Try And Represent Themselves At The Admin Hearing? How Does That Go?
That’s seen quite often, mainly because of the nature of the way things are laid out.
The administrative hearing is usually first, so the drivers go to that hearing thinking that it’s just an informal hearing or some meeting with the driver’s license division, but it is truly a hearing. They go there and they either try and reschedule the hearing or deal with the driver’s license division. It doesn’t work.
The driver’s license division just see black and white and it’s hard enough for attorneys who are trained to do this every day because of the low burden, because of the untrained people and not following the rules of evidence. It’s hard enough for attorneys to prevail at those hearings so when a driver goes to those, it’s almost a disaster.
We get a lot of those cases because they come to us after the hearing and say, “Well, they suspended my license. What can you do to get it back? I don’t want to try and go into court on my own like I did at the driver’s license division. Will you represent me?”
Typically, it doesn’t go too well for drivers who appear at those hearings by themselves.
If you are not sure whether to Self Represent Or Go With A Public Defender In An Admin Hearing In Utah, call the law office of Attorney Matthew Nebeker for a free initial consultation at (801) 309-6966 and get the information and legal answers you’re seeking.