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DUI

I recently got a DUI along with possesion of a controlled substance wich was an insignificant amount. I have already been to court and got a continuance to try and come back with a lawyer. However, I had lost my job because of the DUI and have no money to give a lawer the retainer fee. My question is when I go to court this next time, will I be able to ask for another and final continuance to come back with a lawyer??

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Attorney answers (5)

Avvo Pro

Reputation Level 11
I don't know what county you will be in or what judge you will have, but the judge should grant you an additional continuance if you want to try and come up with the money to hire an attorney. If you can't hire an attorney, you might want to consider asking that a public defender be appointed to represent you. If you have previously asked for a public defender and the judge denied your request, you should ask again since you no longer have a job.
1 person marked this answer as good

Reputation Level 10
Will you be able to ask?--sure. Will the Judge grant your request?--probably. However, if you truly can't afford an attorney, ask the Judge if you qualify for a public defender.

An alternative to hiring an attorney with additional funds is the bond you posted to get out of jail initially. Often times if you posted a cash bond to be released from jail, that money can be signed over to an attorney as payment for his/her services. Once the case is resolved, that county will cut a check to that attorney minus 10% of the amount--the county keeps that. So, if you posted $5000.00, you would have $4500.00 available to use.
1 person marked this answer as good

Avvo Pro

Reputation Level 13
You can and should ask (politely) and explain that you lost your job and will need more time to accumulate funds. In the meantime, if your mother ever told you she thought it a good idea to "save up for a rainy day", it's time to let her know it's raining. Your having life altering surgery and you need a doctor now. Owe your family, not your lawyer. A public defender is a good idea only if you really have no other way to go, if only because Illinois law does not allow the office of the public defender to address your license suspension in any way. That gives up a lot - in addition to the obvious need to drive, you leave certain strategies lying on the table untouched at a time that you may desperately need to make full use of every option you have. Good luck.

Avvo Pro

Reputation Level 13
The judge decides whether to grant you a continuance. In my experience, if you explain these circumstances to the court, you will get a 2d continuance.

Avvo Pro

Reputation Level 13
Yes, if you explain this to the judge then a 2d continuance will likely be granted.

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