FAQs

Should I Use A Public Defender?

Even if you technically qualify for a public defender, you should still exhaust every possibility and hire your own private attorney. A public defender has no control over how many clients he or she is representing at any given time. Just like the jails becoming overcrowded, the public defender's office becomes inundated and overloaded. In many respects, it is like going to a public health clinic.

On the other hand, the lawyers at Aiken, O'Halloran and Banyai are qualified and experienced and can devote the time and effort necessary to the unique facts and law of your case. Often, clients represented by a public defender meet their attorney for the first time in the courtroom moments before making a decision that can affect their entire life. Do you want to be able to select the attorney to represent you or take your chances with court-appointed counsel?

Do You Have A Payment Plan?

At our firm, we realize that for most people, legal fees are a hardship. In many respects, it is generally an emergency similar to other emergencies like storm damage or car failure. We will do our best to accommodate your individual situation. We take all major credit cards and, where possible, will try and structure some type of reasonable payment schedule. Often, if you have posted a cash bond, we will agree to a bond assignment allowing your bond money to be used as payment toward legal fees at the end of the case. Often, it is necessary to call on family and friends for help. We will do our best to work with you.

I Am Guilty. Why Not Just Go To Court And Plead Guilty?

Many times, guilt is not in dispute. What is in dispute is the appropriate sentence. If you are a drug addict, you need help with your drug addiction, not jail. If in a moment of weakness you stole something, restitution may be a better answer than incarceration. If in the heat of the moment, you struck your husband or wife, anger management or family counseling may be more appropriate than a county jail sentence. Another giant issue is the length of a sentence or where you may have to serve it. Our experienced attorneys can often fashion a sentence that satisfies the prosecutor without disrupting or destroying your life.

I Wasn't Read My Rights. Shouldn't My Case Be Dismissed?

Most people do not understand the significance of the Miranda warnings. In some instances, it may be a legal loophole that can end your case. In others, it may not matter at all. An attorney's skill and expertise often make a difference in dealing with this issue. We encourage you to discuss the unique facts of your case with one of our experienced defense counsel.