The Advantages and Disadvantages of a Public Defender

Let's say you or someone you know has been arrested. They were brought to jail in Jefferson County, processed, and informed of their bail amount. Thankfully, the bail amount was reasonable so they were able to arrange for bail with your help through a bail bond agent. Upon their release, they were given a court date when they are obliged to show up and face the charges against them. But what happens if they can't afford a defense attorney?

It is not at all uncommon for defendants to be unable to afford to pay a defense attorney out of their own pocket. After all, a decent lawyer is not cheap. Total costs for having a decent lawyer represent you from arrest to the last day of a short trial can run $10,000 - $15,000 and more. That would seem to price many people out of the attorney market and force them to go it alone against the might of the state.

Fortunately, the constitution explicitly states that the accused has a right to an attorney so you won't have to represent yourself in court no matter what (unless you want to of course). What the constitution doesn't state, however, is who's going to pay for that attorney if the accused can't afford to. The public defender is the American legal system's attempt to deal with this issue. With that in mind here are the pros and cons of the public defender. Pros first.

“The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.”

—Cornell Law School

Advantages of a Public Defender

• It's free – At least for the defendant, it is. The state will typically pick up the bill, but that's another matter. For the defendant who can't afford to pay, they get someone in their corner, free of charge, who understands the law and can ensure they don't get railroaded by the judicial system.
• The public defender has a lot of experience – Most public defenders have had quite a bit of experience in the justice system. They know courtroom etiquette, they know the rules governing the presentation of evidence, and they will be able to protect your interests when the state pulls out all the stops trying to put you behind bars.
• They may have worked on your kind of case before – Some public defenders specialize in certain types of law such as DUIs, gun-related crime, and robbery. As such, they are able to stay focused on the latest laws and legal precedents related to that particular area of concentration and will only represent individuals accused of those types of crimes.
• They genuinely care – Like the people at the bail bond company, most public defenders genuinely care about people of limited means being able to obtain quality legal representation and are proud to be able to provide it. Like a bail company that provides affordable bail bonds, they're an integral part of the legal system helping to keep the playing field, if not entirely level, then more level than it otherwise would be.

Disadvantages of a Public Defender

Into every life a little rain must fall, so it's time to take a look at the downside of the public defender.

If you can afford to pay, you will

You may believe that your public defender will work for you free of charge, but that may not actually be the case. That's because once you tell the court you need a public defender they'll scour your financial records to make sure you're not trying to scam the court for free legal help when you could easily afford to pay. If the court discovers you are not entirely destitute they may insist that you pay a percentage of the cost of the public defender. You'll likely still get a good deal, but it won't exactly be free.

Don't expect an exceptional defense

While it's great to have a legal professional on your side who is courtroom-tested, chances are your public defender will not have the available resources to mount a vigorous, broad-based defense of your case. Instead, expect them to lean heavily on any evidence or particulars about the case they can glean from the police investigation and to rely on their procedural knowledge to try and gain some advantage for you.

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