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