When you’re learning about public defense, the first question you’re likely to ask is, “What is a public defender?” So let’s not waste your time answering this question, and many more frequently asked questions about public defense attorneys. A public defender is a criminal defense attorney who works for the state and is paid by the government. They provide free legal representation to defendants facing criminal charges that are punishable by jail time. Read on for more common questions and answers like this one!
Do defendants have to pay for a public defender?
No, customers do not pay. However, a judge must decide that a defendant qualifies for public defense before one is assigned. In cases where a person is fully capable of paying for private representation, state assistance may be denied.
Is a public defender less qualified than a regular criminal attorney?
No, both public defenders and private criminal attorneys are equally qualified in terms of education requirements, certifications, and licenses. The only difference is the level of skills and experience of each person.
Should I use public representation or hire my own attorney?
Although public defenders are equally qualified, it does not mean that they are the most promising option for defense. Since they work for the state, their cases are extremely rigorous and burdensome. This means that they only have a limited amount of time to spend on each case. A private attorney can provide personalized representation to ensure that he avoids the maximum penalties if convicted of his charges. Whether you are facing a minor charge like shoplifting or a major charge like manslaughter, a private attorney is the best option, no matter the price. You can’t put a price on freedom, after all.
Can a public defense attorney reject my case?
If you are indigent and unable to pay your bills when they are due, it would be unethical and illegal for your case to be dismissed as it is a violation of your constitutional rights. Although a case can be passed from one attorney to another, it cannot be dismissed and ultimately “overlooked” or denied. A person who is entitled to free representation will get it, no matter what.
Can I request a new attorney?
If you are found eligible for state defense, the court will appoint an attorney for you. If this attorney does not meet your expectations or recover the plea agreement you wanted, you have no choice. Unless you can prove to a judge that your current attorney is in some way violating your right to adequate representation, you cannot change or be appointed a new one. Improper representation includes scenarios such as missing appointments, missing deadlines, forcing you into a certain statement, failing to inform you of case status and court dates, and ignoring critical evidence. And if you choose to appeal your conviction, you must retain a private representative anyway, so there would be no need to request the change at that time.