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The Role of a Public Defender

By Mart Gil Abareta, published Jul 06, 2005
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When you’ve been wrongly accused of a certain crime and been prosecuted, you’ll certainly need the legal help and assistance of a public defender especially when you can’t afford to pay for the legal fees and bills covering the consultations, gathering of evidences, and actual proceedings regarding the case. However, getting a public defender is not that easy. You also have to go through a somewhat-rigorous process. The role of a criminal defense attorney is really complex. He can challenge probable cause for arrest, argue in favor of being released on your own recognizance or on very low bail, negotiate plea bargains with prosecutors, discuss the pros and cons of going to trial, and discuss the advantages and disadvantages of pleading guilty instead of going to trial. These things are what a public attorney can offer you when you’re in the same circumstances. As what I’ve said, getting the service of a public attorney from a public attorney’s office is not so simple. You have to go through a careful evaluation of your financial assets, properties, incomes and debts to determine if you are eligible for representation by a public attorney. And, if you can’t afford to hire a lawyer from the private legal community, the court will automatically appoint a government-paid lawyer to represent you. Being freed from the payment of your legal fees is not the only advantage in hiring a public defender. With regards to a public defender’s capabilities, you can consider him as the “perfect knights for justice” because he is very efficient at sizing up your case and presenting an acceptable plea bargain deal to the prosecutor and judge. Additionally, he is updated on new laws and legal theories in his area of specialty. As a result, you may be done with the criminal process and on with the rest of your life sooner than if you were represented by a private attorney. Regarding the drawbacks, you have to know that a government-paid lawyer often has a huge overload of cases so he can’t devote a lot of time to a certain lawsuit. He also often lacks office equipment and adequate research access, and can’t afford to hire investigators to properly flesh out your case. As a result, you may have little or no access to your lawyer except during actual court hearings. With all these, the decision is still left for you to decide on if you’ll want a public defender to back you up in your case or not. 

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Comments 1 - 4 of 4
 
 
Even though charges against my son were dropped. The judge ruled to keep the $100.00 bond and apply it towards the hours spent on the case at $81.00/hour, by the public defender. This amounted to my 17 year old oweing the court/public defenders office $224.00. I thought the public defender services were paid for the the public! Something seems wrong with this result!

Posted on 03/21/2007 at 2:03:00 PM

 
i agree with nella g> the publicdefenders re not out to fight for you. all they do or seem to do is go through theprocess. and that is all. heck you cant even talk to your lawyer for months. you arrive in court , andtells you this is whatis happening without hearing you out , and with out FIGHTING FOR they talk to the da , and make arragements for pleas with out even discussing them with you . they waive your right with out your consent. its amazing , to know because you come from a low income family who can not afford a real lawyer who will and can fight for you .you are screwed .and spending time in jail weather quilty or not. what kind of justice is that.

Posted on 03/01/2007 at 4:03:00 PM

 
You are quite wrong, maybe this article didn't state it correctly, but I actually met with a public defender and interviewed him for a project i was working on. I found out, that they TRY THEIR HARDEST, they are not given as many, if any, resources as private lawyers. This is because they aren't paid by their clients, private lawyers have lots of money to spend on resources, hell, it's their clients money! Also, public defenders DONT WANT TO KNOW IF THEIR CLIENT IS GUILTY, this only affects the way they work in court in a negative way. they have to assume and believe their client that they are innocent. I also met with a private lawyer to compare the two, a lot of what i just said is was repeated with my meeting with the private lawyer also. When i met with the Private lawyer, he told me that Public defenders have a more stressful job because of the terrible circumstances and conditions they have to work with (i.e. low-class people, not as much time for prep, hardly any resources, emo

Posted on 11/15/2006 at 8:11:00 PM

 
Than according to this article public defenders only do the minimum for a person! Since they dont have the adaquate access to really investigate weather a person is guilty or innocent public defenders just isnt giving a damn due to lack of access? Then why have them? Its like you are being knocked down by the prosecutor and public defender, that is not justice!!!!!

Posted on 05/24/2006 at 7:05:00 AM

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