What is a Public Defender?
The U.S. Constitution’s Sixth Amendment provides that all defendants must have a right to legal counsel in criminal cases. If a person cannot afford to hire his own attorney, he can apply through the court to have one appointed, free of charge. The lawyers selected are part of the public defender’s group that each attorney has made themselves a part of. Lawyers don’t have to be public defenders, but many decide to take on these types of cases as part of their everyday duties as a lawyer. Not everyone will qualify for a free attorney, and each bar association breaks down their own specific qualifications.
How Attorneys are Appointed
When someone is arrested for a crime, they are brought before the court within a certain amount of time. This is known as an initial appearance or an arraignment. At that time, the judge asks if they defendant has an attorney. If he does not, the judge will ask him if he can afford one. If the defendant answer’s “no”, the judge will start the process of appointing an attorney for the defendant. The defendant’s financial situation will be explored before the lawyer is actually appointed.
The Advantages of an Appointed Lawyer
The biggest thing to keep in mind regarding appointed lawyers is that you should not assume they will be less capable than a private attorney. Appointed lawyers must adhere to the same standards as a private attorney, as not doing so means the attorney could be accused of malpractice. Most public defenders are dedicated to their work and want to help their clients achieve the best results possible. Their offices will rely on the same tactics and techniques to defend their appointed clients that they rely on to defend their private clients. Attorneys who are public defenders are often respected members of their community.
Private lawyers who are on the public defender’s panel are those that have years of experience. This means that defendants who do need assistance with legal services will receive someone who knows the ins and out of criminal law.
If You’re Unhappy with Your Appointed Lawyer
It’s important that you understand that if you are dissatisfied with your court-appointed lawyer, you have the right to change lawyers. However, doing so close to any scheduled trials will mean that the court may not grant your request, because obtaining a new lawyer could mean a significant delay in your case.
If a conflict of interest arises that could compromise your attorney’s ability to properly represent you, your attorney must present this issue to the court. For example, your attorney may have a duty to protect a former client who could be a witness for the prosecution. Whatever the conflict may be, the court must determine if the conflict will jeopardize your case. If so, the court must work to find you new representation.
A court appointed attorney will work with the court in a variety of crimes, including theft, assault, and rape. If you’ve been charged with a crime and cannot afford an attorney, it’s best to reach out to the court as soon as possible in order to obtain legal representation. The application process isn’t necessarily lengthy, but it’s helpful to your case if you have representation as early in the process as possible.