Indigent criminal defense is essentially a defense conducted by a public defender. Under the US Constitution every citizen is entitled to representation during trial even if they cannot afford counsel. Hence, a public defender is granted to criminal defendants who cannot afford to hire a private attorney. While it is a constitutional right that an individual have access to an attorney different states use different approaches to determine who is granted the free service of a public defender. In California, for example, a defendant facing a felony charge or one that carries significant prison time and cannot afford an attorney will automatically be given a public defender. However, if facing a misdemeanor charge for a DUI or similar offense the defendant must submit proof to the court that he or she cannot reasonably afford a private criminal attorney in order to be assigned a public defender.
Typically, each county or jurisdiction in the state publicly funds a public defender office that operates as a function of the federal, state, or local government. Therefore, each attorney employed at a public defender’s office receives compensation and benefits given to government employees. In addition to the state-run public defender office there are several non-profit organizations that offer indigent criminal defense services funded through private donation, charity, and public funding.
Many problems exist with the indigent criminal defense system including lack of funding, excessive caseloads, and poor salaries. Determining the budget and/or funding for a public defender office in a matter of much debate. Proponents of more funding argue that it is an individual’s Sixth Amendment right to counsel and therefore the state has an obligation to adequately fund and supply a public defender. In 1963, Gideon versus Wainwright clearly established that the right to counsel is a fundamental right that is available to every citizen regardless of race, gender, intelligence, or education. Furthermore, the case reasserted the necessity of a court appointed attorney to ensure a fair trial should the defendant not be able to provide his or her own legal counsel. However, those who argue against public defenders say that taxpayers should not be responsible for funding attorneys who succeed in defending alleged criminals.
In addition to a lack of funding, public defenders also have significant caseloads. It is not uncommon for a single public defender to be assigned fifty to one hundred cases every month. Therefore, the attorney is so overwhelmed that he or she cannot devote adequate time to preparing a defense for each client. As a result, the defendants suffer from a lack of representation while in court. Due to the number of cases that each public defender has, they may seek plea bargains with the prosecutor to avoid having to prepare for trial regardless of what is best for the defendant. Not only are public defenders assigned many cases, but also they receive low pay compared to their private sector clients. Generally, in locations where the public defender office is a government agency than the attorneys are paid on a similar pay scale to the County prosecutors. However, the number of cases they must juggle at one time is much greater than a prosecutor. Consequently, many competent public defenders are leaving the field to pursue more lucrative positions with private law firms. The poor pay, excessive hours, and lack of funding make a public defender’s job seem unenviable
Clearly, the indigent criminal defense has many flaws that prevent a public defender from doing his or job to the best of their abilities. Despite the additional cost, hiring a private criminal attorney is always the best option. A criminal lawyer has the time to devote individual attention to each case and thus ensure better representation while in court. Furthermore, private attorneys determine their own caseload and will not be swamped like a public defender. Not to mention, a criminal defense attorney has the knowledge, expertise, and drive to defend any case in trial.
Guest Author:
If you are located in the Orange County California area and need a OC criminal defense attorney, then feel free to contact this guest author Christopher McCann. Mr McCann is a qualified and respected lawyer who will work to try to ensure a favorable outcome for each client in court. Chris can be contacted anytime to set up a free consultation to go over the details of your criminal case. Chris has the experience, knowledge, and desire to fight vehemently in court to achieve the most favorable outcome for his clients. Contact Chris today to schedule your free legal case consultation.
Useful Links for Additional Information:
http://www.lacba.org/showpage.cfm?pageid=24
http://indigentdefense.co.riverside.ca.us/content/
http://www.pubdef.ocgov.com
http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/indigent_defense_systems_improvement.html
http://bigstory.ap.org/article/serious-problems-persist-indigent-legal-defense
Indigent Criminal Defense in California is a post from: The Complete Lawyer