When you are learning about public defense, the first question you are likely to ask is, “What is a public defender?” So let’s not waste 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 punishable by jail time. Read on to read 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 to him. In cases where a person is fully capable of paying for private representation, they may be denied state assistance.
Is a public defender less qualified than a common criminal lawyer?
No, both public defenders and private criminal attorneys are equally qualified in terms of education, certification, and licensing requirements. The only difference is the skill and experience level 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 overwhelming. This means that they only have a limited amount of time to devote to each case. A private attorney can provide you with personalized representation to ensure you avoid the maximum penalties if you are convicted of your charges. Whether you are facing a lesser charge like shoplifting or a higher charge like manslaughter, a private attorney is the best option, no matter the price. After all, you can’t put a price on freedom.
Can a public defense attorney reject my case?
If you are homeless 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 rejected and ultimately “skipped” or denied. A person who is entitled to free representation will get it, no matter what.
Can I request a new lawyer?
If it is determined that you are eligible for state defense, the court will appoint an attorney for you. If this attorney doesn’t live up to your expectations or doesn’t get back to the plea deal you wanted, you don’t have a choice. Unless you can show a judge that your current attorney is in some way violating your right to adequate representation, you cannot change or be appointed by a new one. Inappropriate representation includes scenarios such as missing appointments, missing deadlines, forcing you to comply with a certain statement, failing to inform you of the status of the case and short dates, and ignoring critical evidence. And if you decide to appeal your conviction, you must still hire private representation, so it would not be necessary to request the change at that time.