Legal Question in Criminal Law in California

IN THE CASE OF THE DA TRYING TO CONVICT A PERSON FOR ASSUALT AND ATTEMPTED MURDER, WHAT IS YOUR VIEW OF A PUBLIC DEFENDER ie., DO THEY REALLY TRY AS HARD AS AN ATTORNEY WHO IS PAID $450/HR (WHICH I CANNOT AFFORD)? I AM FEARFUL THAT I WONT GET THE DEFENSE I NEED, I AM NOT GUILTY OF THE CHARGES!!


Asked on 1/20/10, 9:41 am

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The public defender should be avoided if possible. Nearly all attorneys charge less than $450/hr. Times are tight for attorneys just as they are for everyone else. Keep trying to find an attorney whose rates are more reasonable.

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Answered on 1/25/10, 9:57 am

Public Defenders are dedicated professionals that provide quality representation for their clients. They are, however, substanitally burdened by heavy caseloads and are unlikley able to give you the attention that a private attorney would be able to.

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Answered on 1/25/10, 11:32 am
Edward Hoffman Law Offices of Edward A. Hoffman

PDs are good lawyers, but overworked. A good private attorney would probably do a better job for you. As Mr. Stone mentioned, most private lawyers are less expensive than you seem to believe. But if you can't afford to hire someone even at a lower rate, your only options are to get a PD or to represent yourself. Given that choice, you should go with the PD. She may not have as much time as you'd want her to have, but she will have critical knowledge and skills that you lack.

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Answered on 1/25/10, 3:32 pm
Terry A. Nelson Nelson & Lawless

And your other choices are??? If you can't afford private counsel [talk with one before you decide you can't], then smile and do the best you can to help and assist your PD; don't waste his time seeking discussion, meetings, sympathy or understanding -- that's what you would pay private counsel to provide. Focus on clearly and quickly conveying your facts, evidence, defenses, etc. Give him a well written brief narrative of what you seriously understand the facts and defenses to be. Provide him a written list of pertinent and credible witnesses that could be used.

I disagree with comments impugning PD's. Yes, they are overworked with multiple cases, and do not offer hand-holding to nervous clients, but most are at least as well trained as most private attorneys. If you go to trial, an experienced trial attorney PD would be assigned. No, I was not a PD ever.

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Answered on 1/26/10, 5:39 pm


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