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