Charged with a crime but can't afford to hire a "real lawyer?" Afraid the "public pretender" will sell you out? Countless criminal defendants face this dilemma every day.
So pervasive is the distrust of public defenders that defendants routinely max out their credit cards, take out second mortgages, and empty their retirement funds just to hire a private criminal defense attorney. Should you do the same? It all depends on who you plan to hire.
Laptop Battery Paying a private defense attorney is no guarantee of quality representation. Any warm body with a law degree can hang out a shingle and call himself a criminal defense attorney. In fact, many of those who can't get a job at the public defender do just that. Your private attorney could turn out to be a bottom feeder, with poor academic credentials and little or no criminal defense experience. With a private attorney, you get your choice of lawyers, but will you choose wisely?
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Thinkpad Public defenders are criminal defense specialists. They practice criminal law every day, and gain experience quickly due to heavy caseloads and a sink or swim mentality. They are surrounded by colleagues and supervisors whom they can learn from and consult with. Private attorneys, by contrast, generally have no supervision or quality control. Moreover, to survive financially, many private attorneys have little choice but to accept any client that walks in the door. One day your attorney is an immigration lawyer; the next he's a divorce lawyer. For you, he's all about criminal defense. Lawyers who do a little bit of everything are usually not particularly good at anything.
You should immediately contact a criminal defense attorney. The criminal justice system can be very complex and confusing to navigate without help from an experienced attorney. Your attorney will be able to advise you of your rights and let you know what kinds of defenses you may be able to use to fight your charge.
Microsoft Public defenders develop an intimate knowledge of the particular court in which they practice. While private attorneys practice in many different courts, public defenders generally stay in the same court all day every day. They know the judges. They know the prosecutors. They become courthouse insiders who are able to predict how the judges will rule in your case and who know exactly what to say to a prosecutor to get the best deal for you.
A significant number of attorneys are employed at the various levels of government. Lawyers who work for State attorneys general, prosecutors, public defenders, and courts play a key role in the criminal justice system. At the Federal level, attorneys investigate cases for the Department of Justice and other agencies. Government lawyers also help develop programs, draft and interpret laws and legislation, establish enforcement procedures, and argue civil and criminal cases on behalf of the government.
Laptop Computers Finally, public defenders typically have extensive trial experience. More cases lead to more trials. In addition, unlike those who hire private counsel, it costs indigent defendants nothing to take their cases to trial. As a result, public defenders go to trial far more often than private criminal defense attorneys. That experience helps in plea negotiations and may be critical if your case actually goes to trial
The criminal defense investigator is the right arm of the successful criminal defense lawyer. The criminal defense lawyer gives their undivided attention in getting a case dismissed. They try to prevent his client from being taken into custody.
Laptop Computer Despite all the institutional advantages of the public defender, there remains a risk that your particular public defender will be what is not so affectionately known as a "dump truck." It is these lawyers who give public defenders a bad name. They may be overwhelmed by high caseloads, burnt out from too many years in the trenches, or perhaps they simply lack the make-up necessary for criminal defense work. Whatever the reason, these lawyers do little more than help prosecutors obtain guilty pleas. What's worse, it is almost impossible to fire your public defender and get a new one.
based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law Firm, lawyer criminal defense firm that handles criminal defense matters exclusively. Darren has provided legal commentary on Larry King Live, the Today Show, Celebrity Justice and many other TV and radio programs. renowned lecturer and author who delights in sharing his experience with others. //www.nocuffs.com or www.NoCuffs.com.
Desktop Computer A private criminal defense attorney will almost always be able to devote more time to your case and give you more personal attention than a public defender can. In the end, however, it is the quality of the attorney rather the cost of the representation that matters. Almost without exception, the best private attorneys are former public defenders. There is simply no substitute for that training and experience. Before you spend money you don't have hiring a private attorney, consider giving the public defender a chance. Not only could you do a lot worse if you choose the wrong private attorney, but your public defender may well be a future star of the private criminal defense bar.
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Hard Drive Tito Rodriguez is a criminal defense lawyer based in Seattle, Washington. He has successfully defended clients on charges ranging from shoplifting to murder. A graduate of Stanford Law School, Mr. Rodriguez has been a Seattle criminal defense attorney since 1993. He spent eight years as a public defender before starting a private practice in 2001.
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