what does a public defender attorney do

by Tyler Witting V 7 min read

The public defender researches matters of law pertinent to the case at hand. Public defenders are lawyers who defend people charged with a crime and cannot pay for her/his services. Instead public defenders are normally reimbursed by the state, usually at a lesser amount than the lawyer would make in private practice.

A public defender is a lawyer appointed to represent people who otherwise cannot reasonably afford to hire a lawyer to defend themselves in a trial.

Full Answer

What can I expect from a public defender?

Sep 17, 2020 · Court-appointed attorneys are called public defenders, and they represent clients who cannot pay for private counsel and are at risk of losing their liberty if convicted. It’s not unusual for a public defender to juggle a large caseload.

What degree do you need to become a public defender?

Oct 02, 2020 · Public Defender Responsibilities. Here are examples of responsibilities from real public defender resumes representing typical tasks they are likely to perform in their roles. Manage litigation for numerous DUI cases. Organize and manage a large caseload in preparation of hearings and/or litigation.

What is the job description of a public defender?

Feb 11, 2022 · Working as a Public Defender. Depending on their role, qualifications, specialization and years of experience, a public defender represents the Constitutional rights of an indignant person to a fair legal process and fair trial. This involves: Representing clients in court appearances before trials. Representing clients in all criminal investigative and out-of …

What are the disadvantages of a public defender?

Oct 12, 2021 · Public defenders and appointed private attorneys know the local judges and prosecutors. They've likely appeared before your judge and negotiated with your prosecutor on many prior occasions. This experience gives them insight that translates into good advice and proven strategies. How to Work Effectively With Your Court-Appointed Attorney

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How A Lawyer Gets Appointed

When defendants are arrested, they must be brought before a judge within a specified period of time. This appearance is known as an arraignment or...

The Advantages of A Court-Appointed Lawyer

You should not assume that an appointed lawyer will be less capable than a private attorney you pay. Appointed counsel may perform as well as, or e...

Do I Have to Keep My Appointed Lawyer?

If, at any point during your case, you are dissatisfied with your appointed counsel and come up with the funds (perhaps from family or friends) to...

Questions to Ask Your Lawyer

1. Can you help me complete my financial statement for the court? 2. What other resources can you, or the court, provide for my defense? 3. If I ge...

How a Lawyer Gets Appointed

When defendants are arrested, they must be brought before a judge within a specified period of time. This appearance is known as an arraignment or initial appearance. At that time, a judge will ask defendants if they can afford an attorney.

The Advantages of a Court-Appointed Lawyer

You should not assume that an appointed lawyer will be less capable than a private attorney you pay. Appointed counsel may perform as well as, or even better than, a private attorney, for the following reasons:

Do I Have to Keep My Appointed Lawyer?

If, at any point during your case, you are dissatisfied with your appointed counsel and come up with the funds (perhaps from family or friends) to hire a lawyer of your choosing, you have a right to change lawyers.

Out-of-Court Representation

A public defender's job includes representing an accused person during criminal investigative proceedings. For example, they attend police line-ups and monitor physical examinations, such as finger-nail scraping and blood, urine, and DNA testing. They interview witnesses and gather facts to prepare their client's defense.

In-Court Representation

Public defenders represent clients in all court appearances leading to trial. They handle matters such as pretrial discovery, withdraw pleas, and suppression motions. They attend pretrial conferences with judges and prosecutors to find common ground and negotiate deals.

Post-Trial Representation

Public defenders attend post-trial sentencing hearings for clients who negotiate plea bargains, or are found guilty at trial. A public defender also may file an appeal if errors in court proceedings prejudiced his client's rights to a fair trial. Appeal work includes tasks such as ordering trial transcripts and filing appellate briefs and motions.

Client Relationships

Public defenders work directly with clients to establish trusting, professional relationships. They must maintain regular contact with their clients through correspondence, phone calls, and in-person meetings.

What is the role of a public defender?

The Public Defender’s Office cannot represent you until appointed to do so. Once appointed, you will be interviewed and informed of the charges against you. This will take place quickly. If you are in jail, someone from our staff will come see you. If you are not in custody, you will receive a phone call from our office.

How to help someone out of jail?

If you are out of jail, you can help your case by finding witnesses and notifying your attorney by sending a letter, calling in, or scheduling an office appointment. If you are in jail, try to have your family and friends find witnesses.

Who is the first person to see you at the Public Defender's Office?

INTAKE. The first person from the Public Defender’s Office you will see may be an Assistant Public Defender, a witness interviewer, or an investigator. Even though the interviewer may not be an attorney, the information you give is CONFIDENTIAL and will be given to your attorney. You will be asked a number of questions.

Is the Public Defender's Office confidential?

CONFIDENTIALITY. Anything you tell any representative of the Public Defender’s Office is confidential. Without your permission, confidential information cannot be revealed to the prosecutor or anyone else. No one can force a representative of the Public Defender’s Office to disclose confidential information.

What does an attorney do during a trial?

During the preparation of your case, your attorney will update you on all of the facts, and explain available defenses as well as legal options. Your attorney will also explain possible sentences if you plead guilty or are found guilty at trial.

How long do you have to appear before a judge?

If you are in jail, you should appear before a judge within 24 hours of your arrest. The judge will first advise you of the charge (s) for which you have been arrested. The judge then will decide if the police had sufficient legal reasons- called probable cause – to arrest you.

Can you go to jail for violating probation?

If you violate any of these probation conditions, or any special conditions required by the judge, the judge may sentence you to prison. If the violation of probation is a crime committed by you while on probation, the judge can revoke your probation without waiting until you are convicted of the new charge.

Why is it important to hire an attorney?

Hiring an attorney is a personal choice, but it is important to remember the importance of having quality legal representation when there are legal consequences like fines or time in prison on the line.

What do you do when you are charged with a crime?

If you are charged with a crime, you have a right to defend yourself against those charges. A criminal defense attorney can help you navigate through the criminal justice system, prepare and assert your legal defense, and ensure your rights are protected throughout the process. Facing questioning from police, a judge, ...

How can a criminal case be resolved?

There are multiple ways that a criminal case can be resolved. A defense attorney has to help a defendant decide how to proceed with their defense. This might include negotiating with the prosecution to determine if there is a suitable plea deal available. If you don’t want a plea deal or if one isn’t possible, your attorney then has ...

Do all lawyers have the same experience?

Not all lawyers have the same level of experience at trial. Attorneys have to be familiar with the laws and statutes that apply to the case and be able to make persuasive arguments to the jury advocating for a not guilty verdict. They should also know when to argue for a mistrial.

What do lawyers do in court?

They interact with police, prosecutors, and judges on a regular basis, and these professional relationships can be helpful in crafting your legal defense, navigating jury selection, negotiating a plea bargain, and advocating for you at trial or during sentencing.

Can I hire a criminal defense lawyer?

If you determine that hiring a criminal defense lawyer is right for you, there are a couple of options you may have available. You can opt for a public defender if you financially qualify, or you might elect to hire your own lawyer from a private practice. Both public defenders and private criminal defense attorneys are licensed lawyers, but you may prefer one over the other depending on your financial situation or personal preference.

What rights do you have when you are arrested?

If you are arrested, the police officer must provide you with your Miranda rights during the arrest. One of those rights is that you have the right to an attorney, and if you cannot afford one, then you may receive an attorney appointed to represent you. This attorney is a public defender.

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