I was once a deputy public defender. So, any comments I make should be taken with that bias in mind. In my opinion, a deputy public defender is as good an attorney as any other attorney. If you qualify for public defender services, here are the pros and cons using their services.
Pro: They're free or low cost. As a Deputy Public Defender for Fresno County, I was able to get plea agreements for my clients that were as good or better than the deals private attorneys in the area got for their clients. The difference was, my clients didn't have to pay $5000, or $10000 for my services. And I was getting the same deals my colleagues in the Public Defender's Office were getting. Con: As a Deputy PD I had a case load of 300 clients. Most likely, your deputy public defender will have a case load of 100-150 clients. This could mean less individualized attention and an incentive to settle cases rather than take them to trial. However, the attorneys I know that were the hungriest to go to trial were my colleagues, and we would never counsel our clients to accept a plea if we didn't think it was in the client's best interest. In fact, there were many times when our clients would accept a plea deal from the prosecutor and we would have to state on the record that the plea was being made against the advice of counsel. In the end, a deputy public defender is just like any other attorney. You should take the following steps to ensure your attorney is giving you the correct advice and serving you well: 1. Talk with your attorney and be truthful with them. Anything you say is protected by attorney-client privilege and lying to your attorney never helps your case. 2. Get a second opinion. If you are represented by a deputy public defender, you can still talk to a private attorney. Most allow a free initial consultation. If you are worried about your case or how the attorney is handling it, you can always talk to a private attorney to see if the public defender is handling your case correctly. If you are in court and have a question and want to get the second opinion of another attorney, you can ask your public defender to have one of his or her colleagues talk to you. 3. Keep in contact with your attorney. Call your attorney often to keep updated with the case. This will ensure that you are a high priority no matter what other cases the attorney may have on his or her docket. 4. Remember, if at any time you feel your attorney is not serving your needs, you can fire your attorney and hire a different attorney.
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AuthorJason Tauches is an attorney and writer who lives in Massachusetts. Archives
December 2015
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