Private vs Public Defense

Topics: Lawyer, Criminal law, Lawyers by type Pages: 3 (857 words) Published: March 17, 2012
If you or anyone you know has been charged with a criminal charge then you are aware there will be a need for some sort of legal representation. The United States Constitution states that every individual is permitted to be represented by an attorney whether this is a public defender or a private attorney. There is an evaluation process that involves an extensive financial application to even be considered for having a public defender appointed to your case. If it is determined that you make over the predetermined amount set then the only choice left is to start your search for a private defense attorney. Some defendants qualify for a public defender but due to the statics they choose to hire a private attorney, more often than none defendants go into extreme debt but who can put a price on freedom?

The primary job of a criminal defense attorney is to represent his/her client who is suspected in committing some sort of crime. As a defense attorney they will question all the substantial witnesses as well as gather facts and evidence. The defense attorney can also challenge a probable cause arrest, negotiate plea bargains with prosecutors, argue reasons to have a defendant released on their own recognizance, and they are also extremely knowledgeable about guilty pleas instead of proceeding to trial. Criminal defense attorneys also have the power to negotiate with prosecutors out of the court room, often times this leads to reduced charges and decreased penalties as well as sentence time.

Public Defenders are certified attorneys that receive their pay through the state and are appointed to those lacking the money to hire a private attorney. Public defenders have the same schooling and hold the same license as that of a private attorney; there are pros and cons to each type of attorney. One of the main disadvantages of having a public defender is the large case load they carry. Statics show that the underprivileged population have a significant chance of...

References: 1) defense attorney. (2012). In Encyclopædia Britannica. Retrieved from http://www.britannica.com.ezproxy.saintleo.edu/EBchecked/topic/155692/defense-attorney
2) assigned counsel. (2012). In Encyclopædia Britannica. Retrieved from http://www.britannica.com.ezproxy.saintleo.edu/EBchecked/topic/39319/assigned-counsel
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