What to Expect from a Public Defender: Essential Guidelines

What is a Public Defender?

According to Counties.org, the Public Defender’s Office is responsible for providing legal defense (at all stages of the proceedings) for any person who is not financially able to employ counsel and who is charged with any contempt or offense triable in the superior or municipal court [1].

Appointed by the Board of Supervisors, the Public Defender oversees the office with the help of deputy counsels and support staff.

Key Responsibilities

• Departmental Policy: Formulates, executes, and evaluates departmental policy.
• Legal Representation: Directs deputies to represent defendants in felony trials, misdemeanor trials, preliminary hearings, juvenile court proceedings for minors, and psychiatric court proceedings that may lead to incarceration or detention.
• Cost Reimbursement: Assists courts in obtaining reimbursement for legal defense costs from defendants or the parents/guardians of minors represented.
• Civil Litigation Defense: Provides defense in civil litigation if the Public Defender believes the individual is being persecuted or unjustly harassed.
• Field Investigations: Oversees field investigations to locate witnesses and gather information for legal staff.
• Appeals: Directs the appeal process for cases where a reversal or modification of the original judgment is reasonably expected.

What’s the Difference Between a Public Defender and a Private Attorney

If you’ve been charged with a crime, deciding between a public defender and private counsel is crucial. Not everyone qualifies for a public defender; only those unable to afford a private attorney are eligible.

According to BKL, employed individuals often do not qualify for public defender services. To apply, you must fill out a financial affidavit, which a judge reviews to determine eligibility. If you qualify, a public defender is appointed to you [2].

Public Defender Services
When assigned a public defender, you do not have the luxury of choosing your attorney and must work with whoever is assigned. Additionally, you may be required to pay a fee for their services.

Communication Differences
Public defenders often handle large caseloads, which limits their availability and communication with clients. They spend significant time in court, meaning you might only interact with them during court appearances.

On the other hand, private defense attorneys manage their caseloads, ensuring ample time for client communication. This allows for more consistent updates and availability, including prompt responses to calls and emails, sometimes even outside regular business hours. Private attorneys may also provide their cell numbers for direct access.

Choice and Control
A key benefit of hiring a private defense attorney is the ability to choose your representation. Unlike with a public defender, you can select an attorney with the specific knowledge and experience you’re comfortable with. You can also ask questions about their approach and who else might work on your case, ensuring you understand how your defense will be handled.

Outcome and Results
A private attorney has a personal stake in the outcome of your case because if they do not do a good job for their clients, they will likely stop getting clients and go out of business. Conversely, a public defender will always have more clients regardless of the outcomes they obtain for their clients.

Research has shown that defendants represented by private attorneys generally receive shorter jail sentences and are less likely to serve jail time compared to those represented by public defenders. A study of over 5,200 cases revealed that private attorney clients received sentences averaging three years shorter than those with public defenders.

What are the Qualifications for a Public Defender?

To qualify for a public defender, individuals must meet their state’s low-income guidelines, ensuring that those who most need legal assistance receive it. If an individual’s income exceeds these guidelines, they may still qualify by demonstrating their inability to afford a private attorney.

Once it’s determined an individual qualifies for a public defender, they will be assigned one by the court. It is important to know that public defenders are often very busy, so it may be necessary to practice patience when waiting for a response from them. Additionally, it is important to remember that public defenders are bound by the same confidentiality rules as private attorneys, so anything an accused individual tells their public defender will remain confidential

If you’re unsure about qualifying for a public defender, consult an experienced criminal defense attorney. They can evaluate your case, advise on your best course of action, and provide necessary representation or recommend a qualified public defender if you cannot afford private counsel. Remember, you have the right to an attorney, and navigating the legal process without one is not advisable.

Advantages of Working with a Public Defender

Public defenders interact daily with the same judges and prosecutors, giving them unique insights into their personalities, quirks, and preferences. This familiarity allows public defenders to navigate cases more effectively by leveraging their knowledge of courtroom dynamics. They also frequently encounter the same police officers on the stand, helping them assess which officers may be strong or weak witnesses for your case.

Specializing in specific areas of law such as DUI or domestic violence defense, public defenders stay current on new laws and legal theories within their niche. Handling large caseloads, they quickly learn effective strategies and techniques for defending cases in their specialized fields.

Due to their extensive experience and familiarity with the legal system, public defenders can often identify the best options for your case and negotiate favorable plea deals with prosecutors and judges. This expertise can help resolve your case more quickly, allowing you to move forward with your life sooner than if you were represented by a private attorney.

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References:
1. https://www.counties.org/county-office/public-defender
2. https://bk-lawgroup.com/blog/differences-between-a-public-defender-and-a-private-defense-attorney/