Most people are familiar with the phrase, “You have the right to a lawyer.” This is part of the Miranda warning that the police read to suspects in TV shows and movies. But the Miranda warning is also very real, and exercising (or failing to exercise) your right to a lawyer can have very real consequences. Learn more from an experienced New Jersey criminal lawyer at Helmer, Conley & Kasselman, P.A.
You Have the Right to a Lawyer in Most Traffic, Criminal, and Immigration Proceedings
With only very limited exceptions, in New Jersey, you have the right to a lawyer in all traffic, criminal, and immigration proceedings—provided you can afford one. Whether you were stopped for speeding, you were arrested for driving under the influence (DUI), you are facing a drug or gun charge, or you are facing deportation, you have the right to hire a lawyer to represent you in court. All of these cases can lead to serious consequences, so it is important that you exercise your right to hire a lawyer if you are financially able to do so.
As we discuss below, defendants in New Jersey’s criminal justice system have the right to a public defender in some cases. Defendants have the right to a public defender in certain traffic cases, including DUI cases. However, this right is not as broad as many people realize, and securing representation from a public defender can be a challenging process in its own right.
Understanding When You Have the Right to a Public Defender
The New Jersey Courts’ packet, How to Apply for a Court-Appointed Attorney (Pro Bono), discusses the eligibility requirements for hiring a public defender. It also contains the forms you need to fill out in order to request a public defender if you have been charged with a traffic violation or crime in New Jersey.
As the packet explains, you can apply for a public defender if “you believe that you cannot afford to pay for a private attorney and are presently involved in a case that may result in imprisonment or other consequence of magnitude.”
This highlights the two key requirements for seeking representation from a public defender. In order to have the right to a public defender in New Jersey, you must: (i) be unable to pay for a private attorney; and (ii) be facing a charge that carries a “consequence of magnitude.”
1. Being Unable to Pay for a Private Attorney
To have the right to a public defender in New Jersey, you must be unable to afford to pay for a private attorney. When you apply for a public defender, you must provide the financial information requested in the forms in the New Jersey Courts’ packet. This includes, but is not limited to, information about your:
- Income
- Unemployment or disability benefits
- Social Security or Veterans Administration benefits
- Child support or alimony payments
- Monthly expenses
- Home, vehicles, retirement accounts, and other assets
- Mortgage, car loans, credit card balances, and other debts
You must certify that all of the financial information you are disclosing is accurate, and you must acknowledge that you can face punishment if you willfully provide any false information to the courts.
Once you submit the required forms, the court staff will review your application to determine if you qualify for a public defender based on your financial circumstances. However, “the court may request additional information or documentation regarding [your] financial situation,” and, if it does, you will need to submit this information in order to have your application considered.
2. Facing a Charge that Carries a “Consequence of Magnitude”
The second requirement for having the right to a public defender in New Jersey is that you must be facing a charge that carries a “consequence of magnitude.” A charge carries a “consequence of magnitude” if it meets any one or more of the following requirements:
- The charge is an indictable offense;
- The charge carries a term of imprisonment;
- The charge carries a fine of $800 or more; and/or,
- The charge can result in a driver’s license suspension or revocation.
This covers all disorderly persons offenses (which carry a fine of up to $1,000) and serious traffic violations, such as DUI. However, petty disorderly offenses generally are not covered, as they carry maximum penalties of a $500 fine and 30 days in jail. While all types of criminal charges can lead to immigration and other consequences outside of court—and while these consequences can be very serious—these do not factor into the New Jersey Courts’ “consequence of magnitude” analysis.
Choosing the Right Lawyer for Your Case
With all of this in mind, how do you choose the right lawyer for your case?
If you think that hiring a public defender might be your best (or only) option, you will need to try to figure out if you qualify—and you will want to do so as soon as possible.
With that said, hiring a private lawyer isn’t (or doesn’t have to be) as expensive as many people think. A private lawyer will likely also have more time to devote to your case, and a private lawyer will be able to assist you with addressing any immigration or other consequences you may be facing as well.
Your choice of legal representation is important. If at all possible, you should not make your decision based on financial considerations alone. In the end, if your lawyer is able to help you avoid jail time, fines, and/or other penalties, your legal representation will be well worth the investment.
Discuss Your Case with a New Jersey Criminal Lawyer at Helmer, Conley & Kasselman, P.A.
Do you have questions about hiring a lawyer to represent you in your New Jersey traffic violation or criminal case? If so, we invite you to get in touch with us. We offer payment plans to help our clients. To request a confidential consultation with an experienced New Jersey criminal lawyer at Helmer, Conley & Kasselman, P.A., please call 877-435-6371 or let us know how to reach you online today.
