Legal Question in Criminal Law in California

private vs public defender

I am a 19 year old full time student

who was cited with a misdemeanor

for shoplifting about $400 worth of

clothing from a small chain boutique

in LA

I am an honor student with no prior

offenses of any kind, not even a

traffic ticket. I have part time job 6

hours a week on campus but no

other income.

I did not admit guilt, but while

detained at the store, the policeman

offered to ask the person in charge at

the store if I could just pay for the

items right there and drop the

charges. The person in charge said

they could not do that... it was

against company policy.

Because I cannot afford a private

attorney, I hear the court will assign

me a public defender.

I have 3 questions:

1) Do I have to enter a plea in court

before I get to talk to the public

defender?

2) If after this first court

appearance, I find someone to

loan me the money for a private

attorney, can I change from a public

defender to a private attorney?

HOWEVER....

3) Since the store manager already

told the policeman the company

policy would not allow them to drop

the charges against me, what could a

private attorney do for me that a

public defender cannot?


Asked on 3/29/08, 9:37 pm

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: private vs public defender

Very good questions.

Your first court appearance is arraignment. You should plead not guilty. Request a public defender and you should get one prior to your plea.

Regardless of the store manager says, a good attorney should be able to work out a diversion for you at least. This means some classes or something like that and dismissal of your entire case.

You can hire a private attorney even if public defender has been initially assigned to you.

Feel free to call me to discuss. Good luck.

Jacek Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/30/08, 8:05 pm
Anne Marie Healy Law Offices of Anne Marie Healy

Re: private vs public defender

There's a good chance that a private attorney can't do anything that a public defender couldn't do. Plead not guilty and ask to speak to the public defender. Find out if there's a diversion program. Many counties have diversion programs for first offenders. If you complete the program, they will dismiss the charge. If there is no diversion program, you can always plead guilty, obey terms of probation, and then get the charge expunged at the completion of probation 2 or 3 years later, depending on how long you are sentenced to probation.

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Answered on 3/30/08, 12:42 pm


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