Cresson, PA asked in DUI / DWI for Pennsylvania

Q: What is income guideline to qualify for a public defender for a dui charge?

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1 Lawyer Answer
Brian Fishman
Brian Fishman
  • DUI & DWI Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: Whether you qualify for a PD is not based on the charged offense but rather your income level. Therefore, the fact that it's a DUI charge is not relevant to the equation. You could be charged with possession of marijuana or with a homicide and the qualifications for a PD would be the same.

That being said, the income guidelines can change from county to county and can't be summed up by just what your income is. They consider many factors including whether you have dependents, how many, whether you pay child support or not, what your monthly income vs. expenses are. You usually have to go down to the county PD's Office and apply to see if you qualify. If you're rejected because they say you make too much, you can still address it with the court to see whether the court will appoint the PD or a private attorney that handles court-appointed cases.

I know this isn't a definitive answer but unfortunately it's not as cut and dry as your question suggests. I hope this at least gave you an idea of some of the issues that will be raised when applying for a PD. If I can be of further assistance, please don't hesitate to contact me. Good luck.

Brian M. Fishman

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