Retaining a Lawyer or Getting a Public Defender

[scared76]

Is it much better to have your own attorney then to ask for a public defender? Are the chances to get a slighter sentence higher when you have your own attorney? Also in CA do you ask for a public defender on the day of your court hearing or do you have to go in earier and ask for one and are there certain qualifications that a person needs in order to get an public defender? Like if you have too much money would they turn you away from getting a public defender?

[Mr. Knowitall]

Is it much better to have your own attorney then to ask for a public defender?

Generally speaking, once charges have been authorized, it doesn't make much difference. Sometimes a retained attorney will be able to negotiate a good deal before charges are authorized, which won't be available afterward - and you can't get an appointed lawyer until you are charged.

On average, the best and worst criminal defense lawyers are in private practice. Public defenders offices on the whole have few stars, but also few lemons - due to their focus on criminal law, and their internal resources and procedures, they usually provide competent representation. In counties with a system of appointed attorneys instead of public defenders, the attorneys who are appointed are often also in private criminal defense practice - so in such a county you can sometimes get a very good attorney at a bargain price (by virtue of the appointment), but have to be on guard against getting a substandard lawyer appointed to represent you.

Are the chances to get a slighter sentence higher when you have your own attorney?

Generally no; sometimes yes. It's difficult to describe exactly when it can help, as it depends a lot on the facts, the charge, and the personality of the judge.

Also in CA do you ask for a public defender on the day of your court hearing or do you have to go in earier and ask for one and are there certain qualifications that a person needs in order to get an public defender? Like if you have too much money would they turn you away from getting a public defender?

Check with the county court, to find out their policies, and their income/asset thresholds for granting a petition for a public defender or appointed lawyer.