Review of job injury lawyer::I was injured at work and am receiving physical therapy ...
Review of job injury lawyer::I was injured at work and am receiving physical therapy ...
When you are arraigned for a criminal offense, the judge or prosecutor will likely ask you whether you plan to represent yourself (never a good idea), hire an attorney, or if you would like to request the services of a public defender. Most states have caps on who is financially qualified to receive the services of a public defender, but since statistically most defendants are poor, there is often a choice between being represented by a public defender or hiring your own attorney. This article attempts to flesh out the issues you should consider when deciding whether to request a public defender, or whether to hire a lawyer for yourself or a family member. Public defenders labor under a bad reputation, sometimes being derogatorily called "public pretenders". In most instances, this reputation is undeserved. In many ways, public defenders can be even more skilled that hired attorneys because of their attitudes, experience, and skill. Whether you should hire an attorney or accept the services of a public defender depends on many factors including the type of public defender system your jurisdiction employs, the type of private attorney you can afford to hire. An overview of these different types of attorneys is provided below. Public Defender Systems: Public Defender Offices versus Court Appointed Systems There are two primary types of public defender services offered by different jurisdictions: public defender offices and court appointed attorney systems. Public Defender Offices Many jurisdictions operate under a public defender system consisting of staff attorneys. Under this system, local public defender offices are set up and are subject to statewide monitoring and performance reviews. Public defenders that work in these systems are full-time public defenders. That is, they do nothing other than represent criminal defendants on a daily basis, and are paid a salary. Public defenders within this system are often well educated, outstanding lawyers, who choose to work as a public defender because of an ideological commitment to social justice. Studies have shown that indigent defendants receive better overall representation under this system than under the court appointed attorney system. A positive to the public defender office system is that you are likely to get an experienced lawyer who cares deeply about the outcome of your case. He will be familiar with the judge you will go before and the prosecutor since he practices with them on a daily basis. It is not uncommon for an attorney in this position to rack up 30 or more jury trials and hundreds of plea negotiations within his first two years. Of course, the downside is that all this experience comes from other clients, meaning the attorney is likely to have a huge caseload. This usually will not cause them to care any less about your case, but could prevent them from being available to you on a whim. Court Appointed Systems Jurisdictions that do not have public defender offices have often have court appointed lists. In this system, lawyers in private practice are put on a list and are assigned to represent indigent defendants for an hourly rate paid by the court. In some jurisdictions attorneys can choose whether to be on the list, and in others they are required to be on the list for a certain number of years after they begin practicing law. The quality of attorney you receive in a court appointed system depends largely on the "luck of the draw". You may be assigned a good criminal defense attorney who is on the list as a public service, or you may be assigned a property lawyer who doesn't even know what the inside of a courtroom looks like. An additional downside of this system is that generally the better the attorney, the less the hourly rate for working on your case is compared to what he would bill another client. For example, a flat rate for indigent defense at $90 per hour looks far better to an attorney that bills his private practice clients at $120, than it does to a more seasoned attorney that bills at $250. That is not to say that every attorney will treat your case as less significant and spend less time on it because he is being paid less than his normal rate, but this is a possibility. Private Practice Lawyers If you are considering hiring a private attorney, you need to consider what type you are hiring and whether the person is likely to be better than a public defender. Listed below are three types of criminal defense lawyer, broadly defined. While not every type of defense attorney can be typecast into one of these categories, they provide a broad overview of what to look for when seeking criminal representation. The Criminal Defense "Elite" Every state has a handful of lawyers that make up the elite of criminal defense bar. Their names and reputations precede them throughout the state and they are the first name that comes to mind when you are in trouble. These are people like Bobby Lee Cook in Georgia, "Racehorse" Haynes in Texas, and Roy Black in Florida. Generally, if you are in serious trouble and you can afford to hire an elite lawyer it is a good idea. But generally if you can afford the fees required to retain the services of lawyers in this category you make too much to obtain a court appointed lawyer in the first place. The Good Criminal Attorney Every jurisdiction has good criminal attorneys as well. These lawyers may practice in several different areas of law including personal injury and divorce as well. Often they served as prosecutors or public defenders before going into private practice, so they are intimately familiar with a courtroom, know how to try a case, and how to negotiate on your behalf. Often attorneys in this category will work with you regarding their fees and will take your case. Many of them would do as good or a better job than a public defender. Still, if you are truly indigent, you should think hard before paying for their representation. More than 90% of cases are won or lost based on the facts of the case and the strength of the evidence against you, and not on the performance of the lawyers involved. Think about the seriousness of the crime. If it is a relatively small offense, for which you are likely to only receive probation if convicted, you must decide whether it is really worth breaking the bank in order to hire your own attorney, rather than using the public defender, who could be every bit as skilled. The only real way to distinguish a good criminal attorney from the next category ("the hack") is to do your research. Most states have websites listing the disciplinary history of attorneys practicing there. Recent disciplinary proceedings are a definite red flag. Also, ask people you know and find out the reputation of the attorney in the community. "The Hack Attorney" Unfortunately a small number of attorneys who take criminal cases can be classified as "hacks". Perhaps the attorney is struggling to stay afloat and no fee is too small. They may have no idea how to try a case, no experience with the particular offense you are charged with, and no relationships with the justice system in your community. They are just here to make a buck, and if you'll pay them they'll show up (sometimes). Distinguishing hacks from good defense attorneys can be difficult, but asking the right questions make a spotting a hack more likely. Beware of any attorney who promises to "get you off". Not even the best attorney can promise or guarantee that a case will turn out a certain way (although offering probabilities is ok). If an attorney makes this promise, he is trying to get your check. Ask how many criminal trials the attorney has handled, and how many cases he has handled dealing with your particular crime. Shy away from anyone without trial experience. Finally, beware of attorneys who always want to "fight" somebody. They may offer to "go to war" with the prosecution. Most good criminal attorneys know that, while they should fight for you in a courtroom, cordial relations with the prosecution outside of court make for more successful resolutions of criminal cases. |
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