Should my friend hire an attorny or stick with a public defender?

Question

My friend has two felony charges pending. He has no priors. Would he get a better deal if he hires a private attorny or stick with a public defender. The public defender is not working in his favor. The Public defender is barely working for him. I want positive feed back from people who have experience this situation or can relate to it. thank you

Answer 1

I'de stick with that public defender.. An regular attorney gets paid no matter what, but a PD gets ahead in law by how good he does in the public defenders office, and I've found out they try real hard to win cases..There might be something you dont know why the PD dont seem to be doing good..I dont know the case so its hard for me to say...Your friend from Tennessee...ROB

Answer 2

Having no priors will work in your friend's favor, unless the felonies are violent or aggravated. Sometimes, the lesser is dismissed with a plea of the primary. But about attorneys...
Saying, "The public defender is not working in his favor" doesn't tell us a lot about the attorney without any details of why you believe this is so. In my county, our public defenders are excellent and compassionate (for the most part).

The advantage... Public defenders are familiar with the court and the judges because they deal with assigned clients on a daily basis. Further, they work with the same district attorneys and may have an advantage as far as working out a "deal."

The disadvantages... They are overworked with high caseloads and may not be able to give your friend the time that s/he (or you) expects or think is deserved.

Of course too, if your friend can afford an attorney, s/he should not be using a public defender. So many need the services of a public defender. Not having a proper defense solely due to lack of resources is a horrible thing.

The good thing about a private attorney is they will probably give your friend more time and attention to the case. They are just as capable. The disadvantage - their costs.

If your friend cannot afford private counsel, and must use a public defender, s/he has a right to competent representation. In court, a client asks their attorney to file a "substituion" motion. After the attorney leaves the courtroom, the judge will ask several questions about the representation, and why the client wishes to substitute the attorney. There must be good cause shown, and the judge will determine this. (If you're in California, it's called a Marsden motion, which is a substitution of attorney request.)

Answer 3

When ever possible in a situation like this it is best to hire a private party. However if a more than decent defense attorney is out of price range you may want to consider if its worth the money; based on the nature of the crime, will there be jail time served if he loses, is it just a fine,is he innocent ect.... The reason a private attorney is most often a better choice is that attornies working for the DA and govt. are handed cases exactly like your friends day after day after day and a loss in court will be not as 'big of a deal' to a public attorney who's not even being paid by you over an attorney who's career depends on how many wins vs. loses.

Answer 4

I would recommend hiring a lawyer. My brother had a public pretender and he got the sh!t end of the stick. I was very unimpressed with this guy and it seemed like my brother had to do more time cause the public defender was a lazy a$$. If your friend's public defender aint doing anything for him now, then he's better off getting a private lawyer cause they will work harder for him. Best wishes

Answer 5

public defenders work for the state not your friend the public defender will not try to get the best deal for your friend he will try to get the best deal for the state this is what happend to my little brother he used the public defender and got 20 years the public defender told him 20 was the best he was going to get i paid a real attorney to see what he could do he got the case back into court and he whent from 20 years to 5

Answer 6

Not all attorneys do their job.

The public defender you mention may be lazy, or may be desperately overworked and doing the best he/she can.

If your friend can afford to hire an attorney, most of those in private practice will do a better job. But many public defenders are also good at what they do. It just comes down to the individual.

Answer 7

Hire an aggressive private atorney. The Public Defender will never care enough to do his/her best on your friend's behalf. The private attorney will probably have a reasonable payment schedule, too (though that's not a guarantee).

Answer 8

I'm an attorney in California. Public defenders are often overworked, underpaid and underfunded. A private attorney would be personally accountable to your friend and a lot more accessible. If he can afford the cost, he should do it.

Answer 9

If he has the money he would be better off hiring a private defense attorney. Remember public defenders work for the state,. I am sure the PD is not helping him, because they get paid either way

Answer 10

with 2 felony charges pending, I'd say he deserves the public defender.