PUBLIC DEFENDERS – PD or not PD!
PART I OF IV
THE BASICS
You or a loved one is charged with a crime. Money and credit are tough – especially in this economy. What do you do for an attorney? Quite often, the answer to that question is you’ll have to go with the “dreaded” Public Defender. (I say “dreaded” because I feel that is the general perception of public defenders. The truth is that for the most part they are a very talented and dedicated group of attorneys working difficult and hard hours for not much pay.)
Now, at risk of sounding too basic, we need to first define what a public defender is. Bottom line – a public defender is a lawyer assigned to a defendant, usually free of charge, sometimes with a small fee required. Depending on which jurisdiction (court) the case is in, you’ll get a full-time public defender or a private public defender. Confusing, right? For the more serious crimes, felonies, your public defender will be an attorney who’s boss is the Government. Generally for less serious crimes, misdemeanors, the city where the court is hires private defense attorneys to take cases. I did this in Phoenix City Court. So although I had my own practice, Hernandez Law, I was technically also a public defender but with my own office, staff, etc.
So, having been a public defender, sort of, I’m not going to denigrate them or tell you that you shouldn’t have one represent you. One thing that is almost universally true about public defenders is that when you’re assigned one, that’s it. As a general rule, if you don’t like your public defender, tough. With a private attorney, you do the shopping; you pick whomsoever you want and can afford. Then, if you don’t like your private attorney, you can tell him get lost and hire a different lawyer. It’s not quite that simple, of course, but it’s far more doable than with a public defender.
NEXT: PART II OF IV, SKILL LEVELS
