Would You Trust a Public Defender

A certain someone in my realm has found themselves in some extremely hot water. Facing mandatory jail time. They did it, and know they did it in disregard to the law. That is not up for debate.

However, the charges being levied and the maximum penalties far outweigh the crime and circumstances. Being one that is very much in favor of the laws and changing the ones that are not inline with our society, this does not weigh lightly given my association with the person involved.

Hiring legal counsel will be a great burden, not only to family but my Mother as well as we would be paying the legal fees as they are not in a position to. We could at the expense of others in our family but that sure doesn't seem right. Thus, we are thinking of letting them just go with the public defender. Is this a smart idea given the financial culpability?

a reply to: JinMI

This is difficult. Leaving all context aside to answer the core of the question. No. Never just go with a public defender. If the cash is available without a loan, go get a lawyer. They all aren't 500$ an hour. Go to a well known established firm with a small staff. More often than not the owner/ lead attorney will be amazing, and thus hires amazing staff and attorneys. More than likely you can snag one of his or her hires closer to the 100$ an hour price, and yet will get more bang for your buck.

a reply to: JinMI

You actually have to pay for a public defender.
So you might as well choose a good lawyer.

Is this a smart idea given the financial culpability?

More likely than not, he'll get screwed if he relies on a public defender. It's really more an issue of how badly he'll be screwed rather than whether or not he will be.

You're going to have to weigh things out. How important is this person to you and your family? Is this someone who makes a habit out of these sorts of things? Is what he did "wrong" or just illegal?

What's the financial weight you and your Mother are going to have to bear? I mean is it crippling or just going to crimp your style for a little bit?

You got a lot of thinking and weighing of factors to do.

Last thing I'll say is, you've got to have really good reasons for not helping. The kind of regret you'll have if you help and this guy goes on to show his ass again or you have to do without a little for awhile won't be anything compared to the regret you're going to experience if you don't help and realize later you really should have.

originally posted by: Bluntone22
a reply to: JinMI

You actually have to pay for a public defender.
So you might as well choose a good lawyer.

I've not heard of that.
I'll look into it, thanks.

Given that they are being paid for, then I would assume that there can at least be some sort of contact and update to those that are paying?

a reply to: bknapple32

I should also add, costs can be GREATLY diminished with an attorney that can give the family "homework' on smaller tasks. Usually these types of tasks are organizing paperwork, re reading documents for errors, fill out filing forms yourself, showing up to file yourself.. etc

a reply to: JinMI

Public Defender's are worthless and work entirely with the prosecutor and not the defendant. Unfortunately, I speak from personal experience. I had a public pretender and I basically defended my own case while he over and over again tried to talk me into plea bargains that were not in my best interest when there wasn't a case against me at all. I beat the case and then he pretended like he did me a great service. What a joke. I saw it then that they are entirely in the pocket of the state. He strolls in the same social circles as the judge and the DA. And this is a small town.

Like the poster above me said, if you can, find an affordable attorney.

a reply to: JinMI

Ehhhh... Be careful.. The costs are put on the defendant himself. Not the family. This needs to be taken into account. its not like youre paying 25$ per hour yourself when you could have been paying 75-100$. This would still be status quo. You paying 0- Or helping.

a reply to: JinMI

A public defender is not free.
The state pays the lawyer fees and you run up a bill to be paid back later.

I have never needed one so I can't give to many details.

It comes down to this. Are you willing to put the time in to match your money? Because if you are not. Then do not do it. Both are ultimately required.

If he is in the U.S...god help him, my bet is PD will plead him, how alot of people are presently in prison.
Good luck.

a reply to: imwilliam

He will get screwed, this is known. It's on him (since were using that term :wink: ) to come to terms with that and whether he has yet, IDK.

First time being in big trouble, dumb mistake, and the unknowns at this point outweigh the knowns thus my post. It will be crippling from the single quote so far. I'm still talking with a few firms.

There is an overarching story behind my reasoning to not help but I'll not discuss it now. I feel that if I help I am indeed doing a favor and if I don't or more accurately, can't. I will be able to justify it as something that needed to be done. I've not yet left him in a jam to get out of on his own.

originally posted by: Rezlooper
a reply to: JinMI

Public Defender's are worthless and work entirely with the prosecutor and not the defendant. Unfortunately, I speak from personal experience. I had a public pretender and I basically defended my own case while he over and over again tried to talk me into plea bargains that were not in my best interest when there wasn't a case against me at all. I beat the case and then he pretended like he did me a great service. What a joke. I saw it then that they are entirely in the pocket of the state. He strolls in the same social circles as the judge and the DA. And this is a small town.

Like the poster above me said, if you can, find an affordable attorney.

This will be in the Detroit area if that matters. I'm pretty much in the same understanding as you based on long past experience. I thought it good to toss in on the boards and see if that is in fact still the case.

a reply to: JinMI

If it's that clear that he did it then I don't think there is much you can do about it. A PD is just going to push it through and take what they can get, they won't fight for you, certainly not when it's clear he did it.

A lawyer probably won't get him off either being that a conviction is so certain. If you think they'll be able to lessen the punishment with a lawyer then I suppose you have to weigh the cost of that vs. paying him and still having it not do anything at all. If it's a mandatory sentence then they won't lessen it anyway.

They might just have to bite the bullet on this as it doesn't look very likely they have too many options.

And if you want true opinions, nature of the crime really kinda matters. I mean are we talking non violent?

a reply to: JinMI

He will get screwed, this is known. It's on him (since were using that term :wink: ) to come to terms with that and whether he has yet, IDK.

Well, just so you understand, there is being represented by a decent attorney screwed and then there is being represented by a public defender screwed and they are two totally different things.

But I have no horse in this race. Knowing when to help and how much to help, not too much, not too little and just in time, takes real wisdom and self discipline.

a reply to: JinMI

I can only speak of experience but Imo they work for the state the one I had told my charges couldn't be dropped and that it wasn't possible to receive probation, I could either take it to trial which involves maximum sentencing or take a plea deal no jail time but I would have a crime on my record that I did not do! I would not hqve trusted him to convince a jury of my innocence it was simply because I was 100 % positive no evidence would conclude I commited a crime So I kept him and I plead not guilty they reset my court date over 50+ times over a span of 2 years. If not for me bonding out I would've have accepted anything just to not be sitting in jail getting resets for every court appearance.

Basically I would've been sitting in jail 2 years waiting to go to court only to be found not guilty on the day of.

Not to mention By me being in court all those times I saw plenty of people get probation for the exact same charges I had.

The court date would say trial date then when I appear in court they reset it as of they're trying to get me to get a FTA which is a failure to appear in court, After 2 or 3 years of back and forth to court getting reset dates in the mail a paper with 3 court dates 2 of them say arraignments the 3rd said trial date went to over 50 of these. I literally just appear in court judge makes sure I'm present them I'm free to go wtf!

Now finally on one of the repeatedly scheduled trial date my charge was dropped to a lesser offence and I was given a fine to pay of which I can do by completing community service instead of paying.

True stpry, been on it about 2 months now.

a reply to: JinMI

I have been in Legal trouble before i wont get into what but multiple times. The 2 times i used a public defender i got what the prosecutor was asking for. When i used a private attorney i got 1/2 to 1/4 what the prosecutor was asking. Its a pay to play game. If this is his or her first time being in trouble get an attorney and try to get the case with held adjudicated.

a reply to: JinMI

No, I would not trust a public defender, but then I don't trust our legal system either.

No, a pretender will not fight the prosecutor on their sentencing recommendations.
I have heard that many are aiming for a job on the prosecution side anyway.

The courts have been known to work with people in ways, such as removal of record, or expungement after sentence is served, lighter sentences, etc... -with an attorney

They will just figure the person can't afford an attorney, doesn't work, commits crime and would make good prison material.

I would make the decision based on how much of a pattern the behavior is, will it stop here, if not, just throwing good money at bad. Is this the first thing on record, worth saving record etc..

If your busted bang to rights, you are just negotiating your sentence length, which could be a minor detail between a fine and a decade in prison.

I'd call Saul, no question