| If you?re accused of a crime and your liberty | | | | attorney to defend you. |
| is somehow threatened (for example, with | | | | |
| potential jail time), you?re entitled under | | | | Disadvantages Of A Public Defender |
| the United States constitution to be | | | | |
| represented by an attorney. | | | | One downside of being represented by a public |
| | | | defender is that these government-paid |
| Get Legal Help Early | | | | lawyers often have a huge overload of cases, |
| | | | and cannot devote a lot of time to any one |
| It?s important to have a criminal defense | | | | case. As a result, you may have little or no |
| lawyer to represent you as soon as possible | | | | access to your lawyer except during actual |
| in the process, ideally at arraignment. A | | | | court hearings. |
| criminal defense attorney can: | | | | |
| | | | Public defenders also often lack office |
| Challenge probable cause for arrest | | | | equipment and adequate research access, and |
| | | | can?t afford to hire investigators to |
| Argue in favor of being released on your own | | | | properly flesh out your case. |
| recognizance or on very low bail | | | | |
| | | | Public defenders are often young and |
| Negotiate plea bargains with prosecutors | | | | inexperienced, and are ?cutting their teeth' |
| | | | on high-volume misdemeanor cases such as |
| Discuss the pros and cons of going to trial | | | | DWIs. |
| | | | |
| Discuss the advantages and disadvantages of | | | | A public defender also won?t be able to |
| pleading guilty instead of going to trial | | | | assist you with related civil law or |
| | | | administrative matters (such as driver?s |
| Getting A Public Defender Appointed | | | | license revocation hearings in a DWI case). |
| | | | You?ll need to hire a separate attorney to |
| If you can?t afford to hire a lawyer from the | | | | help you with these concerns. |
| private legal community, the court can | | | | |
| appoint a government-paid lawyer ? called a | | | | Advantages of A Public Defender |
| ?public defender'- to represent you. | | | | |
| | | | Public defenders work with the same judges |
| In order to have a public defender, you?ll | | | | and prosecutors day in and day out, and get |
| have to convince the judge that you can?t | | | | to know their personal quirks, peeves and |
| afford to hire an attorney on your own. The | | | | tolerances. They also see the same police |
| judge may ask you to fill out a form | | | | officers testifying, and know who?s likely to |
| detailing your financial resources, assets, | | | | be a bad (and good) witness. |
| income and debts. You may also need to | | | | |
| provide the court with documentation such as | | | | Public defenders usually work in ?niched' |
| paystubs to prove your income level. | | | | areas of legal specialty, such as DWI or |
| | | | domestic violence defense. So they tend to be |
| Standards for how much money you can make and | | | | up-to-date on new law and legal theories in |
| still qualify for a public defender vary | | | | their area of specialty. |
| greatly from state to state, and sometimes | | | | |
| from one court to another. | | | | A public defender is likely to be very |
| | | | efficient at sizing up your case and |
| In rural areas and in courts with meager | | | | presenting an acceptable plea bargain deal to |
| resources, there might not be public | | | | the prosecutor and judge. As a result, you |
| defenders on staff with the court to | | | | may be done with the criminal process and on |
| represent you. In that case, the court will | | | | with the rest of your life sooner than if you |
| usually appoint a private attorney at public | | | | were represented by a private attorney. |
| expense, or assign a private attorney from a | | | | |
| volunteer attorney list to represent you. | | | | Second Guessing Your Public Defender |
| | | | |
| In some courts, judges allow for what?s | | | | Once you?ve been appointed a public defender, |
| called ?partial indigency' representation: | | | | it?s often very difficult, if not impossible, |
| you have the help of a public defender, but | | | | to have your attorney replaced with another |
| are expected to reimburse the court some of | | | | public defender. |
| the cost of representation after the trial. | | | | |
| | | | If you?re having doubts about advice your |
| If you give inaccurate information to the | | | | public defender gives you, make an |
| court in an effort to get a public defender | | | | appointment for a ?second opinion' |
| appointed, you may be charged with the crime | | | | consultation with a private criminal defense |
| of falsifying information. | | | | attorney. Most lawyers are willing to consult |
| | | | for a small fee, and you?ll have the peace of |
| If the court decides you make too much money | | | | mind of knowing your public defender is on |
| to qualify for a public defender, you?ll want | | | | track. |
| to immediately start looking for a private | | | | |