| Charged with a crime but can't afford to hire a "real | | | | prosecutors. They become courthouse insiders who |
| lawyer?" Afraid the "public pretender" will sell you out? | | | | are able to predict how the judges will rule in your |
| Countless criminal defendants face this dilemma every | | | | case and who know exactly what to say to a |
| day. | | | | prosecutor to get the best deal for you. |
| So pervasive is the distrust of public defenders that | | | | Finally, public defenders typically have extensive trial |
| defendants routinely max out their credit cards, take | | | | experience. More cases lead to more trials. In addition, |
| out second mortgages, and empty their retirement | | | | unlike those who hire private counsel, it costs indigent |
| funds just to hire a private criminal defense attorney. | | | | defendants nothing to take their cases to trial. As a |
| Should you do the same? It all depends on who you | | | | result, public defenders go to trial far more often than |
| plan to hire. | | | | private criminal defense attorneys. That experience |
| Paying a private defense attorney is no guarantee of | | | | helps in plea negotiations and may be critical if your |
| quality representation. Any warm body with a law | | | | case actually goes to trial |
| degree can hang out a shingle and call himself a | | | | Despite all the institutional advantages of the public |
| criminal defense attorney. In fact, many of those who | | | | defender, there remains a risk that your particular |
| can't get a job at the public defender do just that. Your | | | | public defender will be what is not so affectionately |
| private attorney could turn out to be a bottom feeder, | | | | known as a "dump truck." It is these lawyers who give |
| with poor academic credentials and little or no criminal | | | | public defenders a bad name. They may be |
| defense experience. With a private attorney, you get | | | | overwhelmed by high caseloads, burnt out from too |
| your choice of lawyers, but will you choose wisely? | | | | many years in the trenches, or perhaps they simply |
| Public defenders are criminal defense specialists. They | | | | lack the make-up necessary for criminal defense |
| practice criminal law every day, and gain experience | | | | work. Whatever the reason, these lawyers do little |
| quickly due to heavy caseloads and a sink or swim | | | | more than help prosecutors obtain guilty pleas. What's |
| mentality. They are surrounded by colleagues and | | | | worse, it is almost impossible to fire your public |
| supervisors whom they can learn from and consult | | | | defender and get a new one. |
| with. Private attorneys, by contrast, generally have no | | | | A private criminal defense attorney will almost always |
| supervision or quality control. Moreover, to survive | | | | be able to devote more time to your case and give |
| financially, many private attorneys have little choice but | | | | you more personal attention than a public defender |
| to accept any client that walks in the door. One day | | | | can. In the end, however, it is the quality of the attorney |
| your attorney is an immigration lawyer; the next he's a | | | | rather the cost of the representation that matters. |
| divorce lawyer. For you, he's all about criminal defense. | | | | Almost without exception, the best private attorneys |
| Lawyers who do a little bit of everything are usually | | | | are former public defenders. There is simply no |
| not particularly good at anything. | | | | substitute for that training and experience. Before you |
| Public defenders develop an intimate knowledge of the | | | | spend money you don't have hiring a private attorney, |
| particular court in which they practice. While private | | | | consider giving the public defender a chance. Not only |
| attorneys practice in many different courts, public | | | | could you do a lot worse if you choose the wrong |
| defenders generally stay in the same court all day | | | | private attorney, but your public defender may well be |
| every day. They know the judges. They know the | | | | a future star of the private criminal defense bar. |