Legal Question in Criminal Law in Nebraska

Re: Is a Public Defender okay for the following offenses

The quality of public defenders varies from office to office. However, I am familiar with the offices in Douglas, Sarpy and Lancaster counties and have a high opinion of them all.

A public defender [PD]has certain advantages over the average private criminal defense lawyer. Only a handful of private attorneys spend nearly as much time in the courthouse as public defenders. So PD's know the prosecutors and judges better than the private attorney, as a rule. They know who's sentencing particular kinds of cases more harshly or leniently; what prosecutors are "hot" and who's struggling for convictions; etc. They actually have a bit of bargaining leverage that most private attorneys don't have, and that is that prosecutors know they will face that PD again in the very near future. So, they won't want to try to pull a fast one, knowing that the offended PD will stick it to them on the next case. Our system runs of plea bargains, and if the PD's office decides that a particular county attorney can't be trusted in plea bargaining, they will make that county attorney's life very difficult by taking everything to trial. Private attorneys don't have the volume of cases to make this threat.

PD's work in an office devoted to criminal defense and so usually have good resources for research on the latest trends in criminal law. Newer PD's also have very experienced attorneys to support them, many of the senior attorneys have been practicing criminal law for 10,15 or 20+ years.

The main disadvantage of PD's is that they have large caseloads and are often pressed for time to work their cases. This means that if there are unusual circumstances in the case, or a great deal of legwork to do in researching the law or the facts in the case, the PD is at a disadvantage. Another usual disadvantage of PD's in inexperience. Many are fresh from law school, or have only one or two years of experience. This doesn't mean that they aren't a great attorney, just that there is less track record to consider, and that they are still on the sloping side of the learning curve.

A private attorney has the advantages of time, resources and usually experience. But you pay for that extra time, resources and experience. Look for someone who does most or all of their practice in criminal law, and who belongs to the NACDL. If they don't know what it is, thank them for their time and leave.

good luck

Bill Jones