Public Defender vs. Private Attorney

Should I hire a private lawyer or just go with a public defender?  What's the difference between the two?  What advantage would a private attorney give me over a public defender?   These are important questions to ask yourself when charged with a crime.  Naturally you would want the best representation possible.  But is it worth paying thousands of dollars to a private attorney when a public defender is free?

To begin with, let's define the two.  In Utah, counties and cities open a bidding process to fill the position of Public Defender.  Bids come in from various attorneys with different levels of experience and expertise.  The Public Defender contract is usually given to the lowest bid, sometimes with no regard for experience.  Once the public defender is selected he or she is inundated with cases, appointed by the court, for defendants who qualify for free representation.  The case load is always very large, and very limited of time is given to each case because of the volume of cases.

Public defenders work with the city and county prosecutors to resolve each case as quickly as possible.  Because of the huge demand on the public defenders, defendants do not always get the best representation or defense in their cases.  I have heard many defendants upset and frustrated that their public defender has no time to return phone calls, refuse to prepare a suppression  motion, do a preliminary hearing, or take their case to trial, because they don' have the time.

A Private Attorney is a lawyer who is hired by a defendant to represent them in court.  Private attorney's have much small case loads, thus they have more time to work on a case, interview witnesses, investigate and meet with the client, even return phone calls.

Hiring a private attorney allows you to shop around, get referrals, research which lawyer has experience in criminal law, and which one is a general attorney, knowing a little bit about a lot of different areas.  Most private attorneys will allow you to come into their office for a free initial consultation.  This way, you can find out how experienced the attorney is, his or her feelings about your case, and the fee you would be charged.

The saying "You get what you pay for" is often very true when hiring an attorney.  The more experience, the better the representation and defense.  If you are charged with a crime, give me a call.  You don't want to chance your future with anyone else.

HOW CHAPER 7 BANKRUPTCY IS FILED IN NEW YORK

Chapter 7 bankruptcy starts when the debtor or his New York bankruptcy attorney files a petition with the New York Bankruptcy Court. In addition to the petition, the debtor or his bankruptcy lawyer must also file the following documents: (1) schedules of assets and liabilities; (2) a schedule of current income and expenditures; (3) a statement of financial affairs; (4) a schedule of executory contracts and unexpired leases; (5) a copy of the tax return. Those with predominantly consumer debt must also file a certificate of credit counseling as well as a copy of any debt repayment plan developed through credit counseling; evidence of payment from employers received 60 days before filing; a statement of monthly net income and any anticipated increase in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts. Other documents that will likely be needed: 1. A list of all creditors and the amount and nature of their claims; 2. The source, amount, and frequency of the debtor's income; 3. A list of all of the debtor's property; and 4. A detailed list of the debtor's monthly living expenses, i.e., food, clothing, shelter, utilities, taxes, transportation, medicine, etc. Married persons must provide information for their spouse even if they are filing separate individual petitions or if only one spouse is filing. In chapter 7 bankruptcy cases, the income and expenses of the non-filing spouse is required at the time of the evaluation of the household's financial position. B. EXEMPT PROPERTY One bankruptcy schedule that is filed is that of "exempt" property. Bankruptcy Courts allow an individual debtor to protect some property from being confiscated when declaring a Chapter 7 bankruptcy. The United States Bankruptcy Code that permits each state, including New York, to implement its own exemption law in place of the federal exemptions. In many cases it is possible to keep your house, car and other property from being seized by creditors. C. STOPPING COLLECTIONS AND LAWSUITS Once a chapter 7 bankruptcy petition is filed, it automatically "stays" (legalese for "stops") most collection actions. Though there are some exceptions (e.g., school loans), for a large majority of debtors, lawsuits, wage garnishment and collection calls will stop. D. BANKRUPTCY COURT FEES Bankruptcy Courts charge a $245 filing fee, a $39 administrative fee and a $15 trustee surcharge. The fees must be paid to the clerk of the court upon filing, though the court may sometimes allow people to pay in installments. With the court's permission, however, individual debtors may pay in up to four installments over up to 120 days. Again, for good cause, the court may extend the number of days to 180, though it is rare. In even rarer situations, if the filer's income is less than 150% of the poverty level and he/she is unable to pay the bankruptcy court fees even in installments, the court may waive the requirement. That said, people must understand that everyone filing for bankruptcy is, by definition, undergoing serious economic troubles, so merely citing low income or high expenses will not differentiate them from all other bankruptcy filers. E. MEANS TEST The Chapter 7 bankruptcy means test is a formula applied to determine whether the debtor has enough moneye to make payments to the creditors in order to make sure that Chapter 7 is available only to those who are truly unable to pay off their debt. The means tests compares the debtor's income to the median in his or her state. It then calculates disposable income and unsecured debt. F. MEETING WITH TRUSTEE After the bankruptcy petition is filed in court, the debtor will be required to meet with the trustee, who will decide whether to approve the bankruptcy. At the meeting, the debtor will be under oath, and the trustee as well as the creditors may ask questions regarding the debtor's financial affairs and property. It is critical for the filer of the bankruptcy to be ready to answer questions properly and to provide all the necessary documents. G. APPROVAL OF CHAPTER 7 BANKRUPTCY After the bankruptcy petition and the necessary documents are reviewed, and questions are posed to the debtor, a decision will be made whether to approve Chapter 7 bankruptcy. In those cases where it will not be approved, the U.S. Bankruptcy Code allows the debtor to convert a chapter 7 bankruptcy into a chapter 11, 12 or 13, if otherwise eligible under the new chapter. An exception to this rule is where the chapter 7 was itself converted from another type of bankruptcy

Services Offered By The Law Office Of Michael Levitis

With recession hitting the US, we can say that almost fifty percent of the country was neck deep in debt. Trust me being in a situation where debt terrorises you can be quite a difficult situation to handle. The situation automatically worsens when you are living in the most demanding and intimidating city of the world, New York. Are you wondering what a common man can do or should do under such circumstances in order to get back his life on track? Employ services from Law Office of Michael Levitis. It is one of the most reputed and leading law firms that have been providing affordable bankruptcy attorney services in NYC for more than a decade now. The firm takes care of all the needs of the clients related to bankruptcy and debt settlement.

Whether you need any kind of advice on your financial matters, intend to file a bankruptcy or want to settle the amount of debt with your creditors, the lawyers at the Law Office of Michael Levitis are more than happy to offer their services and do everything it takes to make sure that you live your life again with dignity. The first consultation at the Law Office of Michael Levitis is completely free of cost, so you can visit their office without any hesitation. Only if you think that you can benefit from their services you can visit them again.

All their bankruptcy lawyers in New York are thoroughly experienced and take complete responsibility of your case once you have decided to join hands with them. Only after thoroughly studying your case and accessing your situation the lawyers come to a conclusion that is the best keeping in mind the present circumstances. Whatever your financial situation may be, the lawyers at Law Office of Michael Levitis try to avoid bankruptcy, until and unless it is the last option available.

They completely understand that how filing bankruptcy can affect your credit score and insist on debt settlement as far as possible. These lawyers also take complete care of all the legal hassles and paperwork to avoid any kind of inconvenience to you. All these services are available extremely affordable rates, as the main motive of the lawyers at Law Office of Michael Levitis is to help you get another chance to start afresh with clean financial image.

Picking Between Different DWI Lawyers in Houston, TX

If the only trouble you've ever gotten into is getting a DWI in Texas, you're still potentially in a lot of trouble. There are people in Texas who have multiple offenses and who still drive because they were arrested before the laws were made stricter. The presence of these people, and the fact that they tend to reoffend, has resulted in very strict laws and very tough punishments. Even if it's your first offence, you're facing a much harsher environment in the Texas judicial system for anyone who happens to drive drunk.

What You Face


You may be looking at jail time if it's not your first offense. If you've committed your first DWI offense, however, you still might be looking at harsh punishments. Each of the punishments comes with complications and, because of that, you need to consider which DWI lawyers in Houston, TX could really help you and which ones could not.

If you end up with a license suspension, which is one of the milder forms of punishment, you're going to be looking at having trouble getting to work, getting groceries and taking care of other everyday tasks. Unless you happen to live somewhere in the city where you never have to drive, life is going to get complicated once you lose your license. Don't even think about driving without your license: it will make things even worse for you.

If jail time is an issue, you're going to be looking at a huge number of complications. Rent doesn't stop coming due while you're in jail, bills don't stop rolling in and your job may just decide they don't want you working for them anymore. Even a 30-day stint in jail can complicate your life a great deal.

If you're a repeat offender, you're probably looking at a lot of serious punishments. Here are some things to look for in DWI Houston lawyers when you're trying to find one to represent you.

Track Record

Don't just look for experience. You could find somekeyword who are very experienced and who tend to accomplish nothing for their clients. Ask the attorney how many of their clients they have helped by reducing sentences, reducing charges or even getting rid of charges.

Make sure you tell the attorney everything about your case from the start, as well. Deceiving your attorney will only create problems for you down the road. If you're not honest with them, you may ruin your whole defense.

Your attorney will be able to get access to all the relevant records and other documents detailing your case. If you have any other information that you feel might help them, be sure to let them know.

Look for an attorney who handles a lot of DWI cases. somekeyword, TX have to be up to date on the latest changes in the law and, in addition to that, they have to know how serious matters can get for their clients so that they always provide them with excellent representation.

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Houston Personal Injury Lawyer Marysville Purpose in DWI Situations

With all of the information punching the airwaves these days it truly is hard to imagine that a number of people still think they are able to drink and drive. The problem is that his or her judgment is impaired and they become any sort of accident waiting to happen. Individuals under the influence are apt to have slow reaction instances meaning that the prey of the crash gets full impact. Oftentimes involving DWI accidental injuries in Houston, the individual that was drinking seldom sustains life threatening injuries because of their relaxed condition. The other party that's impacted however usually experiences serious or perhaps fatal injuries.

If you're the recipient of an accident involving a Driving while intoxicated you need representation. Sad to say the other party's insurance firm tries to save prices by offering a settlement that is nowhere near what can that justifies your current injuries. Houston crash lawyers can help you battle DWI injuries and also receive the proper settlement you are due.


There are various things that must be part of a case against a drunk driver. Reimbursement can include but not end up being limited to: negligence, lost pay, pain and suffering and injury. The pain and suffering can also be extended to help immediate family members. That is a serious matter that must definitely be handled professionally from the start. A Houston car accident lawyer is well versed in these types of somekeyword and realizes the actual sensitivity that is required. Many people after such a horrific accident can't seem to get behind the tyre again. By using a Houston Personal Injury Lawyer Marysville you will know your case is being taken care of by top notch legal representatives who bring with these many years experience. They may deal with the insurance company and that means you do not have to.

The Dallas accident lawyer knows the importance of an only settlement. DWI scenarios are difficult to withstand with the personal feelings included. The other party had no regard for another man or woman once he placed the key in the key. Your Houston personal injury attorney will use this because leverage to obtain the very best settlement offer doable. You will find comfort in knowing that your case will be handled by somebody that will not settle for lower than fair.

Once your law firm has factored in every item and fixture relative to your situation he will present the offer to the insurance company's lawyer. There will be no strategies used against the Houston accident attorney at law to scare your pet into reducing his settlement offer. Your own lawyer has worked using the insurance companies many times prior to and cannot be intimidated by them, but rather he'll almost certainly likely intimidate the insurer by warning what may happen if the scenario goes to trial.

If yourrrve been injured by a Driving under the influence driver, first take care of yourself and look for the proper medical attention after that call a Houston accident lawyer to debate potential legal action. Certainly not speak with the insurance company yourself, or agree to anything at all. The insurance company is only interested in settling the case as quickly as possible, for as little as achievable. The insurance company is counting on you not being informed in your rights. They wish to offer you a settlement swiftly and close their file. Your Austin Personal Injury Lawyer Marysville does not need to in close proximity fast. If the settlement deal offer is not appropriate to you, your legal professional will proceed throughout taking the case to court.

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Houston Personal Injury Lawyer Marysville Part in DWI Instances

With all of the information hitting the airwaves these days it's hard to imagine that many people still think they're able to drink and drive. The problem is that their judgment is disadvantaged and they become a car accident waiting to happen. Men and women under the influence have slow reaction situations meaning that the target of the crash obtains full impact. On many occasions involving DWI traumas in Houston, the person who was drinking not often sustains life threatening accidental injuries because of their relaxed talk about. The other party which was impacted however typically experiences serious or maybe fatal injuries.

For anyone who is the recipient of a car accident involving a Dui you need representation. Sadly the other party's insurance carrier tries to save charges by offering a settlement which is nowhere near a sum that justifies your injuries. Houston incident lawyers can help you deal with DWI injuries and receive the proper compensation you are due.


There are lots of things that must be included in a case against any drunk driver. Payment can include but not always be limited to: negligence, lost wages, pain and suffering and tension. The pain and battling can also be extended in order to immediate family members. This can be a serious matter that needs to be handled professionally right from the start. A Houston incident lawyer is trained in in these types of somekeyword and realizes this sensitivity that is included. Many people after this kind of horrific accident cannot get behind the tire again. By using an Austin Personal Injury Lawyer Marysville you will know that a case is being treated by top notch legal professionals who bring with them many years experience. They are going to deal with the insurance company so you do not have to.

The Houston accident lawyer recognizes the importance of a simply settlement. DWI circumstances are difficult to withstand due to the personal feelings required. The other party didn't have regard for another person once he put the key in the key. Your Houston accident lawyer will use this while leverage to obtain the ideal settlement offer feasible. You will find comfort in realizing that your case is now being handled by someone that will not settle for a lot less than fair.

Once your attorney has factored in everything relative to your event he will present the sale to the insurance firm's lawyer. There will be no practices used against your Houston accident lawyer to scare them into reducing his / her settlement offer. Your current lawyer has worked while using insurance companies many times ahead of and cannot be afraid of them, but rather he'll likely intimidate the insurance company by warning just what may happen if the case goes to trial.

If you've been injured by a Dui driver, first manage yourself and find the proper medical attention and then call an Austin accident lawyer to discuss potential legal action. In no way speak with the insurance company by yourself, or agree to nearly anything. The insurance company is only enthusiastic about settling the case immediately, for as little as possible. The insurance company is depending upon you not being educated in your rights. They would like to offer you a settlement rapidly and close the file. Your Houston Personal Injury Lawyer Marysville does not need to close up fast. If the arrangement offer is not acceptable to you, your attorney will proceed inside taking the case to court.

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California Appeals Courts Start To Decide Cases on Illegal DUI Blood Draws

Earlier this year the US Supreme Court ruled that a DUI blood draw against a person's consent violates the Constitution. Recently, in seven separate cases, each defendant was charged with misdemeanor driving under the influence (Veh. Code, § 23152, subds. (a), (b)) and filed a motion to suppress evidence pursuant to section 1538.5, contending that the blood drawn from his person subsequent to arrest and pursuant to the implied consent law should be suppressed under Schmerber v. California because the blood draw was not performed in a constitutionally reasonable manner. In each case, the arresting officer transported the defendant to the jail (or in one case a hospital) where phlebotomists or other technicians drew the blood. The officers observed the blood draw and testified that each defendant agreed to the test, no defendant experienced undue pain, and the draw was performed in a sanitary manner. The motions to suppress were denied in six of the seven cases. The appellate division of the superior court agreed with the defendants that the evidence should have been suppressed. The California Court of Appeal transferred the cases from the appellate division and consolidated the cases for decision. The Courts Reversed. Finding that the means and procedures used to obtain a blood sample from an arrestee in a DUI case must be reasonable under the Fourth Amendment. If a physician does not draw an arrestee's blood in a hospital, courts evaluate whether the conditions of the blood draw created an undue risk of harm to the arrestee. Testimony from a police officer who witnessed the blood draw may properly be considered in evaluating whether the blood draw was conducted in a constitutionally reasonable manner—expert testimony is not required. Here, the officers' unrebutted testimony showed that the blood draw did not expose the defendant to an unjustified element of personal risk of infection or pain and was not performed in a manner which created any undue harm or risk. The blood draws were conducted in a constitutionally reasonable manner.