Public defender

Very often, a person appears in the situation where he or she is charged with a certain crime and is prosecuted by mistake. What do in this case? Whom apply to for advice , especially when you are in the lack of money to pay for the legal fees and bills covering the consultations, gathering of evidences, and actual proceedings regarding the case? Undoubtedly, you will need legal help and support of a public defender. The role of the public defender in our criminal justice system is extremely important. Consider that finding experienced and competent public defender is not so easy. A public defender will
- Object probable cause for arrest
- Negotiate plea bargains with prosecutors
- Discuss the pros and cons of going to trial
- Discuss the advantages and disadvantages
of pleading guilty instead of going to trial


Who is a Public Defender?
A public defender is a lawyer who usually works full time representing criminal defendants, or mental health clients that are not criminals but that are involuntarily held who cannot afford to hire an attorney. Sometimes public defenders are called criminal defence attorneys. In a time before there were public defenders, young, inexperienced attorneys were often ordered by courts to defend indigents pro bono, and in that capacity.


The first person, who propose the creation of a public defender’s office was California’s first female attorney, Clara Shortridge Foltz . There are also a large number of not-for-profit agencies: Defender Service, Defender Office or a Legal Aid Society that are paid to provide legal services. Some public defender offices also have community-based services to help prevent criminal activity. State public defender systems can vary widely from state to state, county to county, and from federal defender organizations. Public defenders are usually paid by the state or the local counties in which the person is being prosecuted or involuntarily held or by the Federal government if it is a federal prosecution. One of the most well established statewide public defender systems is in Wisconsin.


Wisconsin has a program that uses both staff attorneys and appointments to attorneys in private practice. Some public defenders follow a “holistic approach” to providing public defense services to their clients (see, e.g., The Bronx Defenders

Do You Really Need a Public Defender?
Choose your defence lawyer wisely. You are free to choose your lawyer. If you choose legal assistance from public defenders, then get a lawyer, who specializes in your particular case.
If you are an indigent individual then take advantage of free legal services but only after a complete evaluation of your status and lifestyle. In most cases, public defenders charge minimal fees, which are very convenience.
Are you irresolute to seek legal support from public defence lawyers because of thinking your case will be ’sold out’. If your answer is “yes”, you can choose private lawyer who will represent you. Beware of private lawyers who don’t have a specialization. It is obvious that private and public defence lawyers have their own advantages and disadvantages. It is up to you to choose between the two. Whomever you choose either public defender or private attorney, you must be sure, that you can trust your lawyer and he will work for your benefit.

Positive and Negative Sides of Choosing Public Defender:
A public defender who takes charge of defending his clients (whoever he or she may be) makes effort to do it perfectly in the range of law. With his client he discusses how the client should plead, investigates any mitigating issues that might provide a better defence. Public lawyers obtain many experiences because of the heavy caseloads. In addition to clerical staff, defender offices may employ investigators, social workers, and forensic experts, such as psychologists. These human resources may help defenders provide more professional service than an appointed lawyer without this type of staff or funds to employ them. Private attorneys are compensated for their appointed work on an hourly basis or by the case.
In civil law countries, the courts typically appoint private attorneys at the expense of the state. Private appointed attorneys are entitled to apply to the court for the services of an expert or investigator and the government is required to pay for those services if they are essential to the defence of the accused person. Private defence attorneys can serve as public defenders when they wish, regardless of the client’s ability to pay, which is usually called taking a case “pro bono“
The minuses of choosing a public defender are: there are such clients, who protest that they don’t have much advice except a quick consultation outside the courtroom doors. Moreover, they don’t even meet their public defenders until the day of trial.
The pluses of choosing private attorney are that in contrast with public defenders, private attorneys may have more access to the resources of expert testimony and also vast time for the defense of his / her clients. Private attorneys are often used, as well, when there is a conflict of interest
Without such resources and time for pursuing and discussing the case thoroughly even the most experienced public defender may be unable to prepare the best possible defense for a client..
Note, that choosing public defender and being free from legal fees is not the only plus for you. Concerning a public defender’s ability and the effort to support you during the trial, you may appreciate him/ her as the “devotee for justice”. We might say that justice has been done only then, when a man’s innocence has been proved beyond doubt. Those who seek justice undertake an arduous journey and can never be sure that they will find it. Public defenders, however wise or eminent are human beings and can make mistakes. That is why they refresh their knowledge of new laws and legal theories in order to defend their clients perfectly. As a result you can overcome troubles better than when you choose private lawyer. Also, take account that public lawyer almost has a great amount of cases, so he will not be able to pay much more attention and time to your lawsuit.
With all these, the option is still left for you to decide on; “Do I need a public defender or private defender?”