How much difference does having a paid Attorney represent you in a criminal case versus a court appointed lawyer? Is it because a public defender has such a big caseload that he/she can't focus on one particular case too much? Is it true that public defenders are pretty much inexperienced and get paid a set amount per case no matter what the outcome is? If two people are charged with the same crime, is it possible that the one who shelled out ten grand for an attorney may walk while the one (who didn't have rich parents)may do time in prison?
2007-01-19 11:50:39 · 7 answers · asked by sydsyds 1 in Politics & Government ➔ Law Enforcement & Police
The decision is up to you, but let me ask you a question before you decide...
Do you think OJ Simpson would be golfing in Florida if he had a Public Defender???
While justice is blind, you do get what you pay for when it comes to the legal system. I wish it were different, but it is not.
2007-01-19 11:56:12 · answer #1 · answered by Mr. G 6 · 1⤊ 0⤋
As an 11 year police veteran, I can answer from personal experience.
A public defender is appointed to a defendant by the courts. In theory, only people who are indigent or can't afford a lawyer should be appointed the public defender. Of course, in reality, anyone can request and likely receive representation by a public defender.
Now, here's the problem. Public Defenders carry a huge caseload and often can't dedicate the personal time to a case that a privately hired attorney could. PD's are often very good at their job and many are very experienced. My experience with PD's is that most took that job, not because they wanted to get rich, but because they believe in the system and want to see to it that everyone - no matter how rich or poor - is given the rights they deserve. A PD will do everything they can to ensure the defendant's rights were not violated and to get the person the best *realistic* deal possible.
On the other hand, an attorney who is hired is likely to have a much smaller caseload and will be able to dedicate more time and resources to one individual case. This will allow the attorney (and his staff) to learn about specific details of the case and bring in experts to try to discredit evidence, witnesses, etc. A privately paid attorney may be willing to pursue more motions and court proceedings, even when there is minimal hope of winning these actions, because they are getting paid to try these angles.
My personal experience has been that a person who is guilty will be found guilty regardless of whether or not they are represented by a PD or private attorney. The amount of custody time depends more of the strengths of the case, the background of the person, etc., then it does on who the attorney was.
I account the OJ and Robert Blake cases to a combination of good attorneys, bad police work and the suspect's "star power". I believe these cases to be anomalies rather than good examples of the American justice system.
2007-01-19 12:30:18 · answer #2 · answered by James P 4 · 3⤊ 0⤋
Dennis E must be residing in a neighborhood galaxies away from my jurisdiction. If you can't afford an attorney AND the court determines that you qualifiy for a PD, you will have one assigned to your case. Once assigned, you cannot "fire" your attorney, because you never "hired" your attorney. There are very limited situations, however, in which you can ask the judge to remove your attorney for special cause.
Back to your original question:
As a prosecutor, I take your question very seriously. My goal has always been to try to seek justice. Justice can take many forms. In some cases, I don't even want a conviction as long as I can get court ordered assistance for the defendant. In other cases, I want the defendant to spend as much time in prison as possible. It depends on the case.
What does this tell you? As a prosecutor, I am trying to find justice in the best way I know how. It does not mean that I am trying to imprison every defendant. Most need help.
Here's the bottom line: Prosecutors (ideally) strive for justice. Defense attorneys strive for satisfying their clients needs (that's their job).
Do Public Defenders provide the same level of legal representation as a private attorney?
I can honestly say that, in my jurisdiction, the PD's will generally represent their clients with the same zeal had they been paid for the same project.
Every once in a while, I will see a PD throw a case away because he/she did not read the reports and realize that they had a really good reason to move for the suppression of evidence.
But, I have also confronted the top paying defense attorneys in my state --only to see them make the same mistakes.
So far, the hardest-fought case I have ever had was against a PD, not a privately paid attorney.
While the age and experience of the PD pool in your jurisdiction may vary, most will be very dedicated to the cases they are assigned. They have spent eight years in college and law school studying (and paying big $ out of their own pocket) for the opportunity to assist a defendant in a courtroom. Most can barely afford their student loans and are heavily in debt for that opportunity. They do not get paid by the case, rather they are salaried at a level much less than most attorneys. Sometimes this means that they were not very good law students, but most of the time it means that they were law students that had a particular vision of justice which the other law students couldn't see.
And although I am a prosecutor, I respect that.
It is too bad that most defendants don't have the same respect for their own attorneys.
2007-01-19 19:10:51 · answer #3 · answered by snowdrift 3 · 2⤊ 0⤋
Public defenders some people believe that they work for the DA, were Private attorneys they work for you. I've had both and i found a great public defender who worked very hard for me but i had to fire 2 before finding him, yes you can fire your public defender if you don't feel they are working in your best interest and the courts will give you another one. I find that all attorneys want you to take some kind of deal its easy for them and it is what keeps the system moving{ conviction's} I say always fight until the end go to trial and yes i won my case. Bottom line its all about money nothing more its not about whats right or wrong its about money, trust me on that.
2007-01-19 15:21:05 · answer #4 · answered by Dennis E 1 · 0⤊ 0⤋
It can go either way. Some public defenders are actually very good attorneys. Conversely, there are many Private Attorneys that should not be practicing.
Best thing to do is talk to people and get the names of several good attorneys, talk to them and go with your gut feeling.
Yes, chances are the one with the most expensive attorney wins but not always. I've seen many cases go in favor of clients who had been assigned public defenders. Regardless of whether they are Private or Public go with your gut feeling about the person. Do you trust them? Do they spend enough time talking to you or do they just exchange formalities and walk away?
But, if I were a betting man I'd go with the most expensive Private Attorney that I could afford every time. But it doesn't always mean you'll get off.
2007-01-19 11:57:52 · answer #5 · answered by Anonymous · 2⤊ 0⤋
A public defender does not get paid by you, he is appointed to you by the court he is employeed by the court system and yes he is paid upon a set amount, not whether or not he wins or loses cases.. Public defenders are known to be not as involved and at your demand as someone that you would actually hire.. If you hire an attorney you have a better chance of winning your case due to the fact that the attorney now "works for you" he is going to be pd upon his performance, and if you don't like his work you FIRE him...It really depends on what you are going to court for and what your past criminal history looks like, if you are a repeat offender there may not be much either can do for you.. I would look into hiring an attorney, some attorneys will represent you Pro-say(Free) depending on your case, and your financial situation...
2007-01-19 12:02:59 · answer #6 · answered by Stephanie W 2 · 0⤊ 0⤋
If you can qualify for a public defender you probably can't afford a private attorney.
Basically it depends on your charges. If you are fighting your typical charges than a public defender would do just fine.
The post that mentioned OJ makes a good point if you have a big case.
2007-01-20 01:07:27 · answer #7 · answered by Jawsh3539 2 · 0⤊ 0⤋
If you can afford a private attorney, get one. They usually have the political clout, and because they are working on billable hours, they work harder to earn their money. PD's are often salaried, and underpaid for their caseloads.
2007-01-19 12:03:03 · answer #8 · answered by Mark P 2 · 1⤊ 0⤋
a pd has 10- 20 cases on any docket so they will make a deal first. a paid lawyer will do what you want and has actully studied your case and has a good idea of whats going on and you are probably his only case that morning or afternoon
2007-01-19 12:51:08 · answer #9 · answered by Anonymous · 0⤊ 0⤋