California

Criminal Defense Attorney or Public Defender?

May 24, 2017 by Michael Poole in California  Criminal Defense  
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What Exactly are Public Defenders?

There is a longstanding debate about which type of counsel is more effective, a public defender or a criminal defense attorney. Public defenders are attorneys that are appointed to a defendant if they cannot afford their own representation. On the other hand, private attorneys are hired directly by a defendant to represent them during their legal troubles.

A public defender can only be used in cases when a defendant cannot afford a private criminal defense attorney. The qualifications for using a public defender are dependent on the defendant’s income.

Public defenders are typically characterized as over-worked and underpaid government employees who don’t give individual cases enough attention.

This notion comes from the fact that public defenders cannot refuse to take a case, unlike private attorneys, so they commonly are working on a multitude of cases simultaneously.

The majority of the cases take on a “meet and plead” strategy, which is not the best. However, we cannot forget that public defenders opt to work in this specific field of law and share a passion for representing those who don’t have the funds to represent themselves.

It’s true that the majority of public defenders are overworked and underpaid, after all, they are subjugated to the same budget cuts as any government employee, but it might not be true that they don’t give sufficient attention to individual cases. Many public defenders work in large offices filled with other attorneys where they can share ideas and seek insight while building a defendant’s case.

Public defenders oftentimes have close relationships with district attorneys and judges because they work together so often, these relationships are typically beneficial for a defendant.

Why Private Defense Lawyers are Better

Now to the private attorney side of the debate. As previously noted, private criminal defense attorneys are hired by a defendant, or a defendant’s family to work with them through the case. Private defense attorneys have the ability to refuse a case if they feel like the odds are overwhelmingly stacked against a defendant.

The majority of private attorneys have more experience and are former district attorneys, or public defenders themselves. Because of their prior experience in the court system, criminal defense attorneys also have close relationships with district attorneys and judges that are beneficial for a defendant. In addition, private attorneys have access to an expansive network of private investigators and expert witnesses that help build a defendant’s case.

Because private attorneys have significantly smaller caseloads they are considerably easier to contact regarding a defendant’s case. This is arguably the greatest benefit of seeking private counsel, when a defendant hires a private attorney they stay in the loop if regards to the happenings of their case and are not left in the dark. A defendant who seeks private counsel is not subjugated to courtroom surprises and can have peace of mind in troubling times. On the other hand, the majority of public defenders can only be contacted on a defendant’s specific court date.

The debate as to whether a public defender is as effective as a private attorney is one that will continue to be discussed as long as people continue to commit crimes and need counsel. Both sides of the debate are passionate about their stance as are the attorneys who work on either side. It’s important to remember that each case is different and each attorney is different, so do the mandatory research before settling with any attorney.

The Earlier You Call a Lawyer the Better

A criminal arrest is not something you should or can take lightly. Not only do you stand to face a number of legal penalties, but you could also face other consequences as well. We represent people accused of misdemeanors, felonies and infractions throughout Southern California including Los Angeles County, Riverside County, San Bernardino County, Orange County and Ventura County.

Call Now 844-776‑5291, for a free consultation.

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How to Win Your Case

We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:

  1. Don’t ever talk to the police
  2. Do not discuss your case with anyone
  3. Everything you tell your lawyer is confidential
  4. Tell police you need to contact your attorney
  5. Never consent to any search by the police
  6. If the police knock on your door, don't answer!
  7. Realize the consequences of a criminal conviction
  8. Your lawyer (not you) will contact any witnesses
  9. Information on your cell phone is evidence
  10. Early Intervention is the key

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