Should I Dismiss the Public Defender?

Judge for Yourself!

Will a public defender do everything possible to fight for my rights? This is a question many people ask when they've been forced to seek legal assistance. If you've had to seek the help of a public defender, and for whatever reason you don't feel you are being justly represented, unless
 your case is thrown out of court, it's in your best interest to request a dismissal and hire a personal lawyer. There are some public defenders that are referred to as "public pretenders." Unless you want to risk spending time in jail, hire a lawyer directly, even if it means making payments to the lawyer, charging the expense, or borrowing the money to secure good legal help.

Decide for Yourself

Unless you're fortunate enough to secure a public defender who is is willing to fight for your rights, and many are, you're taking a huge risk. Gambling with your freedom isn't worth the savings. Since a public defender is paid by state, a public defender isn't earning as much as a lawyer hired directly. A public defender earns about $65 an hour on average. Although this may seem like a high rate of pay to the average person, $65 an hour isn't the going rate. Many public defenders are also available for hire and have numerous paying clients. Although most will do their best to fight for your rights, as in any occupation, there are some who will take the easiest route.

A public defender isn't necessarily a free attorney. If you are found guilty of whatever you have been accused of, you'll be paying in more ways than one. You will have to pay the state for the services of the public defender. This money goes back into a fund so the public defender can be paid for defending cases of others.

Public defenders who are known to take the easy route push clients to plead guilty, even when guilt is in question. A client pleading guilty is an easy case. The public defender doesn't have to work very hard when the client pleads guilty, and a legal defender that doesn't show an interest in fighting for your rights isn't a defender you want representing your case.

Related information
  • If the public defender doesn't seem to have your best interest in mind, find the means necessary to directly hire an attorney.
  • A public defender might not be free. If found guilty, you'll have to pay his or her fee.
 
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Wow... whoever wrote this article knows NOTHING about public defense or the legal system (and yes, I am a PD- in a major city).

Posted on 01/05/2009 at 3:01:29 PM

K. Ray, please stick to Easter eggs and birdpoop. You clearly have no idea what you are talking about when it comes to the legal system. Your comments are ignorant and misleading, and I worry that some people will take your advice seriously.

Posted on 03/16/2008 at 12:03:50 AM

what if you cannot afford an attorney, can I request another public defender? And how long will the process take to dismiss the one I have in order to get another one?

Posted on 03/05/2008 at 5:03:45 AM

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