Private Attorney or Public Defender

[reallystupid]

My question involves criminal law for the state of: California



Hi, I'm wondering if there is any added perks by hiring a private attorney than getting a public defender. One person informed me that if i can afford a PA, then I most likely won't qualify for a PD, but I think I can because I am a student. I can afford a PA with the help of some friends as well as some student loans. I'll just have to

Through a serious lapse of judgment on my part as well as.. I don't know. I really have no excuse, there's nothing that could explain my behavior that would be enough to pardon for the stupid and terrible thing i did:

I was charged with a misdemeanor for petty theft, female, 22 years old, first time offense, completely clean record besides 2 speeding tickets, one last month and one 7 years ago. I was cooperative through out the whole process. Merch equaled to about 101 dollars.

I have heard mixed reviews- PDs have a lot of experience, but they do not have the time to focus on your case like a PA would. Then again, PAs do not have as much experience.

I was doing some research and was informed that the misdemeanor can be reduced to an infraction because this is the first time offense and i do have a clean record. My question is, would I have the same chance of getting it reduced to an infraction with a Public Defender rather than a Private Attorney?

I checked my Private Attorney's stats on Avvo.com, and the reviews have been good, the good thing about her was that she was a public defender before so she does have that experience. I am not sure what to do.

I know that there are people that think that what I did was completely unforgivable and that I deserve what I get, and I do agree. I have never done anything like this before- and I don't know what possessed me to do such a terrible thing. If you do scold/chastise me, I hope that you have some legal advice in there as well, instead of just giving me your two cents on how terrible of a person I am because believe you me, I know.

Any kind of insight, information and tips are greatly appreciated.

[cdwjava]

A private attorney who has little or no specialized DUI experience is not going to be any more help than a PD in most cases. But, if you can afford a private attorney, you are not likely to qualify for a PD so it is generally a moot issue.

A PD can be valuable because they tend to know how the system works and how to negotiate for a good deal if a deal is best. What a PD generally will NOT do is waste time with frivolous motions and court time. Why? Because they have no incentive to LOOK busy. A private attorney can charge their client $150 an hour for a clerk to type up a motion for an evidenciary hearing even when they know what they will find because they got it in discovery. They might attend such a hearing because MAYBE through some odd fluke they might prevail. You're paying the private attorney to make some Hail Mary passes whereas the PD is not as likely to waste everyone's time doing this.

There are good PDs and there are bad PDs. There are good private attorneys and there are bad private attorneys. For DUIs, most cases that survive preliminary motions either plead or result in guilty verdicts regardless of the attorney. A good DUI attorney simply knows how to sniff out the problems with a DUI report and, if the client wants to pay for it, they know how to make a technical case through a battle of the experts (though you can expect to pay about $10,000 or so in attempting to make such a case).

- Carl

[reallystupid]

A private attorney who has little or no specialized DUI experience is not going to be any more help than a PD in most cases. But, if you can afford a private attorney, you are not likely to qualify for a PD so it is generally a moot issue.

A PD can be valuable because they tend to know how the system works and how to negotiate for a good deal if a deal is best. What a PD generally will NOT do is waste time with frivolous motions and court time. Why? Because they have no incentive to LOOK busy. A private attorney can charge their client $150 an hour for a clerk to type up a motion for an evidenciary hearing even when they know what they will find because they got it in discovery. They might attend such a hearing because MAYBE through some odd fluke they might prevail. You're paying the private attorney to make some Hail Mary passes whereas the PD is not as likely to waste everyone's time doing this.

There are good PDs and there are bad PDs. There are good private attorneys and there are bad private attorneys. For DUIs, most cases that survive preliminary motions either plead or result in guilty verdicts regardless of the attorney. A good DUI attorney simply knows how to sniff out the problems with a DUI report and, if the client wants to pay for it, they know how to make a technical case through a battle of the experts (though you can expect to pay about $10,000 or so in attempting to make such a case).

- Carl

I'm not sure if you answered in the right part, I am not being convicted on a DUI, but perhaps you are using that as an example. I talked to one attorney who used to be a PD. I cannot afford a PA, but with a little financial help from my friends, I can scrape enough to pay for one, if needs be. I am pretty sure one can be appointed to me, since I am a student and only work part time. Do they take school loans into account, because if they do it is possible that they will teeter-totter on that desicion, but if I use my school loan money, I will not be able to ... live. Or go to school anymore, so I think I do qualify for a PD.

Like I said in my original post, "I checked my Private Attorney's stats on Avvo.com, and the reviews have been good, the good thing about her was that she was a public defender before so she does have that experience."

So the PA does have experience in the same courts as I will be attending.
The PA also informed me of the cost- it is a flat fee, so she will not charge by the hour, but by the case. I am not sure if it is wise to write how much it is, but for now, I will refrain from putting that info up.

thank you for the information though.

[cdwjava]

I'm not sure if you answered in the right part, I am not being convicted on a DUI, but perhaps you are using that as an example.

For some reason I was in DUI mode ... I was discussing a couple of DUIs with my officers when I wrote that reply, so I think I was distracted. But, yeah, the same example kinda still stands except for where it comes down to the cost of a trial. A DUI trial is far more expensive than a theft trial in most cases.

Do they take school loans into account, because if they do it is possible that they will teeter-totter on that desicion, but if I use my school loan money, I will not be able to ... live. Or go to school anymore, so I think I do qualify for a PD.

Different counties use slightly different criteria. If you are not anyone else's dependent and lack a sufficient income or assets (such as a house) then you should qualify for a PD.

Like I said in my original post, "I checked my Private Attorney's stats on Avvo.com, and the reviews have been good, the good thing about her was that she was a public defender before so she does have that experience."

That's fine, but it's no guarantee of prevailing at trial. It could just mean she gets you a good deal. MOST cases are plead out, even when a high priced attorney is involved.

So the PA does have experience in the same courts as I will be attending.
The PA also informed me of the cost- it is a flat fee, so she will not charge by the hour, but by the case.

That can be a good thing, but it also likely reflects the likelihood that a plea deal will happen. But, it will depend on the strength of the state's case.


- Carl

[reallystupid]

That can be a good thing, but it also likely reflects the likelihood that a plea deal will happen. But, it will depend on the strength of the state's case.


- Carl

I'm sorry, I am not very familiar with legal jargon. What does a plea deal / plea bargain mean, and what does it mean for me and this situation?

[Scruit]

I'm sorry, I am not very familiar with legal jargon. What does a plea deal / plea bargain mean, and what does it mean for me and this situation?

A plea bargain is a compromise between the prosecutor and the defendant where the defendant pleads guilty to a lesser offense than originally charged (or some of the lesser charges are simply dropped). It saves the prosecution the time and risk of a trial, at the cost of not punishing you as much as they wanted to.

Example: A local lady was charged with two hit-and-runs, 2 minutes apart. The prosecutor and defense attorney agreed on a plea bargain there the defendant pleaded guilty to one of the hit-and-runs while the other one was dropped. (In the UK this situation would be worded as "Pleads guilty to one offence, and asks that a second offence be Taken Into Consideration." This allows the judge to decide a penalty based upon the inherent admission of guilt for those further offencesm while it also allows the defendant to 'clear his conscience' so that when his punishment is served he has a clean slate.)

Pros for the prosecution: They get a conviction without the risk and expense of a trial
Cons for the prosecution: They don't get to convict you on the full charge that they think you deserved.

Pros for the defense: You get a lesser charge and punishment than you risked at trial, and it's cheaper.
Cons for the defense: You get convicted and give up your right to appeal.