Do I need to hire a lawyer?
No, but whether you should hire a lawyer is another question. Do you need an electrician to rewire your home? Or a plumber to unplug your sink? Do you need a dentist to pull a tooth? No you don't, but you may not want to undertake all these tasks since any mistakes could cause some pretty severe consequences. You hire professionals to assist you in important decisions. Having a criminal conviction and possibly going to jail is a serious situation. It can cost you your job, your license, and in some cases your family.
Why do I need a lawyer if I'm guilty?
There are things that a lawyer can do that you may not be aware of. In some cases, if the police have violated your rights, all evidence can be thrown out. In some cases a lawyer can arrange for a civil compromise, an out of court settlement between a defendant and the alleged victim. A lawyer can sometimes negotiate a more favorable plea agreement, particularly if the lawyer can identify a search issue and use that as leverage to negotiate a better offer. Do you think a Deputy District Attorney will be pointing out the weaknesses in their case or offering you a better deal if you don't have an attorney to assist you?
Aren't Lawyers Expensive?
Yes, they can be. But ODAC attorneys are very experienced in negotiations and in court. If you hire an ODAC attorney you won't be paying for a lawyer to learn the system, learn search and seizure law, or research what is or is not a good plea offer. And we are talking about your job, your family your license and even your liberty.
What About Court Appointed Attorneys?
Some are good and some aren't as good. When you are appointed an attorney, you don't have a choice in who is appointed whereas if you hire your own attorney you do have choices.
The big difference between full time court appointed attorneys and privately retained attorneys is the amount of time the attorney can typically spend on your case. ODAC attorneys also take some court appointed cases through a contract that ODAC has with the State Court administrators office. In fact, ODAC was set up so that its affiliated attorneys would have a steady flow of criminal cases from the court. But experienced ODAC attorneys limit their court appointed cases to approximately 50% of their caseload. The balance of ODAC affiliated attorneys' time is devoted to retained clients. In this way ODAC affiliated attorneys are very similar to Doctors who devote a portion of their cases to medicaid patients. They maintain a steady flow of work, specialize in their field and deliver high quality legal service.
But if you can't retain your own attorney, by all means ask for a court appointed lawyer.
Do I Have to Go to Trial?
No. In fact most criminal cases are resolved without a trial. It may be that a discrete plea agreement is appropriate in your case.
The Court Told me I'm Eligible for a Special Program or Plea Deal, Do I Still Need an Attorney?
Absolutely! These "Special Deals" still require you to plea guilty. In fact, some of these "Special Deals" aren't really so special. And if you don't follow through on your probation or classes, you may be worse off than if you never took the "Special Deal" at all.
When you go to court the court personnel may indicate to you that you're eligible for their "Special Deal" or a "Diversion" or "Deferred prosecution" and simply assume you want it. You should insist on talking to an attorney before you take any "Special Deal". The Court MUST either provide an adviser attorney, or give you time to consult with an attorney if you ask. So ask.
The Victim Doesn't Want me Charged. Doesn't that Mean the Case Gets Dropped?
No. Its the State of Oregon that is charging you, not the alleged victim. This issue most arises in domestic violence cases, where the alleged victim either recants or changes his/her version of events after an arrest. In most cases the State will still proceed with the charges.
