Legal Question in Criminal Law in California

If you can afford to hire a lawyer then you are not eligible for a public defender.

Most public defenders are good lawyers, but they are overworked and don't have enough time for each of their many cases. Private counsel can usually put more time into a case and be more thorough. All else being equal, a more thorough defense is a better defense.

All else won't necessarily be equal, though. Some private lawyers are very good. Others are not. Don't assume that a private lawyer will do a better job for you just because she is in private practice.

> Don't assume that a private lawyer will do a better job for you just because she is in private practice.

Your criminal defense lawyer can be your own worst enemy.

The overwhelming majority of the public defender experiences seen here on LawGuru are what we call "dump truck" representations, and yes, you see it with private lawyers too. The way it works is, the lawyer takes your money, or is appointed to represent you, and then does nothing, zip, nada. She doesn't answer any of your questions or return your calls; she doesn't interview any witnesses or do anything whatsoever to prepare the case for trial. Next, it is the day of trial, and the lawyer tells you that you have to plead guilty, this is the best deal you are going to get, and if you foolishly insist on going to trial you are certain to lose and get umpty-ump years in the pokey. Worse, although you were both cheated and railroaded by the attorney, you have no legal remedy. Under California law, you can't sue the lawyer for malpractice if you are eventually found guilty of, or plead guilty to, any of the charged offenses.

A competent criminal defense lawyer serves written discovery, files pre-trial motions as warranted, and most importantly convinces the D.A. that he or she is ready for trial -- thus having bargaining leverage that could convince the D.A. to offer a better deal. A fully prepared lawyer is also prepared to turn down a bad deal instead of trying to hard-sell it to the client.

Almost certainly you don't want a public defender, even if you qualify for one. Interview some criminal defense lawyers and ask them lots of questions.