In smaller towns, on the other hand, many local private attorneys sign up to work additional cases as public defenders. Your location is another factor to consider.īigger cities like Portland have large agencies to handle all public defense cases. I’ve seen public defenders fight for their clients like they’re fighting for a family member. If you are concerned about your public defender’s level of competence and dedication, don’t worry. If the state believes you can afford to hire your own attorney, they usually won’t give you the option of a public defender. Public defenders are generally only appointed to people who cannot afford an attorney. The truth is, unfortunately, many people don’t have a choice. Hiring your own attorney is more expensive, because you’re paying for the extra one-on-one attention and responsiveness they can provide. That means they work for lower salaries than private attorneys. Public defenders’ cases are payed for by the state, not by their clients. If you qualify for a public defender, you won’t pay anything. Many people come to me because they know their phone calls will always be answered and I’ll be there for them when they need me. Private attorneys like myself can choose how many cases we take on, and usually have more time to dedicate to each person.Īnother thing I often hear from people who have worked with public defenders is that they could never seem to get their lawyer on the phone. There are a few important differences between working with a public defender and a private attorney:īecause the majority of public defenders are so overloaded with cases, they aren’t able to give each client the individual care that a private attorney can provide. In many districts, the result is enormous caseloads for most public defenders, which leaves them with less time to dedicate to each client. The difference is, public defenders are also bound by their clients’ wishes.įor example, although your public defender can give you advice, it is you who ultimately decides whether or not you want to go to trial. It’s easy to get overloaded with work that way. In that way, prosecutors are similar to public defenders - they both have to take whatever cases are assigned to them. Would you believe the Portland area’s Metropolitan Public Defender Services handles over 15,000 criminal cases per year?Īs a former prosecutor, I understand what it’s like to not be able to choose your cases. They must take any and every case they are assigned. īecause everyone has the right to an attorney, public defenders can’t choose which cases they take the way private attorneys can. The truth is, public defenders get a bad reputation mostly because they’re so overloaded with work. So why do many people think they aren’t good lawyers? It Comes Down to Workload Most public defenders fight hard for their clients in court, and believe strongly in every American’s Constitutional right to a defense.
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Public defenders spend a lot of time in court, so most are very experienced trial lawyers. There are public defenders across the country handling every type of case, from misdemeanors to major felonies. They’re well educated, well trained, and fully licensed, just like private attorneys are. In my experience as a prosecutor and private defense attorney, public defenders are some of the most dedicated, hardworking lawyers out there. The difference is, public defenders represent people who cannot afford an attorney. Public defenders do the same type of work as private defense attorneys. Then we’ll go over a few of the differences between working with a public defender and a private defense attorney. Today, we’ll look at where that belief came from and why, in my opinion, the majority of public defenders are excellent lawyers. There is a common belief that public defenders are bad lawyers. If you cannot afford to hire an attorney, one will be appointed to represent you at no expense.”ĭifferent states have slightly different variations, but the meaning is the same: if you are arrested and can’t afford to hire a private attorney, you still have the right to a public defender who will fight for your rights in court, including going to trial for you if you choose. “You have the right to talk to an attorney and have him or her present while you are questioned. If you’ve ever heard a police officer read someone their Miranda rights, you’ve heard this:
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