Private Attorney versus Public Defender?
How You Can Benefit by Hiring a
St. Petersburg / Clearwater Criminal Defense Lawyer
The Disadvantages of a Public Defender
Thanks to the negative image popularized in the movies and on television, the public defender is often portrayed as an inadequate and ineffective legal counsel. Such a characterization as a "second class attorney" or "lawyer of last resort" is clearly unwarranted.
The truth is that most public defenders are dedicated lawyers who genuinely care for their clients. Nevertheless, despite the fact that public defenders have received a bad rap in the entertainment media, the Public Defenders' Office must deal with several limitations that experienced private criminal defense firms do not have to contend with. For example:
1.) Public defenders typically carry an enormous case load and can therefore only dedicate so much time to each client. Consequently, public defender clients often complain that they lacked significant contact with their appointed counsel outside of court appearances.
2.) The Public Defenders Office is under-funded and is facing even more budget cuts this year. One must acknowledge the difficulty involved in providing effective representation and focusing on the details involved in a criminal case when an organization is chronically under-funded, over-worked and short-staffed. In fact, the St. Petersburg Times reports that recent cuts have forced the Pinellas-Pasco Public Defenders Office to turn away as many as 400 defendants a month. Pinellas-Pasco Public Defender Bob Dillinger explained, “They need a lawyer. They are entitled to a lawyer. I just can’t provide it.” In sum, as much as the Public Defender's Office takes its mission seriously, the reality is that there only a small amount of stretched resources that can be devoted to your case.
3.) By law, public defenders can only represent you in your criminal case, they are prohibited from helping you with related civil or administrative matters such as a suspended license hearing.
How You Can Benefit From Hiring a Private Attorney
The New York Times recently published a shocking study that found that the average sentence for clients of public defenders was almost three years longer than the sentences of clients represented by private lawyers. The consequences of a guilty plea or a formal conviction can be severe. The criminal justice system only affords one chance at achieving your desired result. Hiring an experienced private St. Petersburg / Clearwater criminal defense attorney is therefore essential to ensuring the best possible outcome to your case. You can benefit from several advantages:
- We can intervene early on your behalf by providing the prosecutor with your side of the story in an effort to persuade the Pinellas County State Attorney's Office not to file formal charges.
- Because we control the number of cases we take on, we can devote all the necessary attention that your case demands.
- We are always available to counsel, reassure you, and update you on the progress of your case.
- We have the resources available to fully investigate the facts of your case in order to provide you with the best possible options and solutions.
- We are former Florida State Prosecutors who have insight and experience in understanding the strengths and weaknesses of our adversary.
- We will help you with your civil or administrative matters such as attending necessary hearings regarding your suspended or revoked driver’s license.
We provide a free initial consultation and make every effort to offer affordable fees and structured payment plans where appropriate.
Still Considering a Public Defender as Your Defense Strategy?
Here are some additional points to think about:
Not just anyone is entitled to the appointment of a public defender. In fact, the Public Defender's Office can only represent someone when two conditions are satisfied.
1.) The person is facing jail or prison as a possible sentence in a criminal traffic, misdemeanor, or felony case; and
2.) The judge must find that the defendant is “indigent,” under Florida Statute ss. 27.52 or financially unable to afford a private attorney.
Public Defenders Are Not “Free”
Not all applicants qualify for a public defender. Those people found to be indigent (and entitled to appointed counsel) soon realize that the services of a public defender are not free. If you plead guilty, no contest, or are later convicted after trial, the court will often order you to pay attorney fees as part of your sentence. This practice is employed to reimburse the public for the services of your appointed counsel.
If you attempt to seek the appointment of a public defender, you must first submit an application to the clerk of the court demonstrating your inability to pay for a private attorney. The application includes details of your financial situation including income, assets, liabilities, the amount of bail posted, and other pertinent information. Additionally, all applicants must pay a non-refundable $40.00 application fee. Click here to view the Pinellas County Application for Criminal Indigent Status.
After filing your application, the clerk of the court will review your information to determine whether you are indigent and therefore qualify for the aid of a public defender. An applicant is considered indigent if his income is equal to or below 200 percent of the poverty guidelines or if he is receiving Temporary Assistance for Needy Families-Cash Assistance, poverty-related veteran’s benefits, or Supplemental Security Income. However, if you own or have equity in any intangible or tangible personal or real property having a net equity value greater than or equal to $2,500, you do not qualify to have a public defender appointed.
You need the advice of a qualified St. Petersburg / Clearwater criminal defense attorney.
Call our office for a free consultation at (727) 578-0303.
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