23 Feb 2008 03:22:19 | Mart Gil Abareta
When you’ve been wrongly accused of a certain crime and been
prosecuted, you’ll certainly need the legal help and assistance
of a public defender especially when you can’t afford to pay for
the legal fees and bills covering the consultations, gathering
of evidences, and actual proceedings regarding the case.
However, getting a public defender is not that easy. You also
have to go through a somewhat-rigorous process.
The role of a criminal defense attorney is really complex. He
can challenge probable cause for arrest, argue in favor of being
released on your own recognizance or on very low bail, negotiate
plea bargains with prosecutors, discuss the pros and cons of
going to trial, and discuss the advantages and disadvantages of
pleading guilty instead of going to trial. These things are what
a public attorney can offer you when you’re in the same
circumstances.
As what I’ve said, getting the service of a public attorney from
a public attorney’s office is not so simple. You have to go
through a careful evaluation of your financial assets,
properties, incomes and debts to determine if you are eligible
for representation by a public attorney. And, if you can’t
afford to hire a lawyer from the private legal community, the
court will automatically appoint a government-paid lawyer to
represent you.
Being freed from the payment of your legal fees is not the only
advantage in hiring a public defender. With regards to a public
defender’s capabilities, you can consider him as the “perfect
knights for justice” because he is very efficient at sizing up
your case and presenting an acceptable plea bargain deal to the
prosecutor and judge. Additionally, he is updated on new laws
and legal theories in his area of specialty. As a result, you
may be done with the criminal process and on with the rest of
your life sooner than if you were represented by a private
attorney.
Regarding the drawbacks, you have to know that a government-paid
lawyer often has a huge overload of cases so he can’t devote a
lot of time to a certain lawsuit. He also often lacks office
equipment and adequate research access, and can’t afford to hire
investigators to properly flesh out your case. As a result, you
may have little or no access to your lawyer except during actual
court hearings.
With all these, the decision is still left for you to decide on
if you’ll want a public defender to back you up in your case or
not.
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