Many criminal defendants cannot afford to engage a private attorney to defend them in court. The law considers people who fall under this category as indigent. Indigent is a legal status that varies by state, city, or county. However, the U.S. government has a responsibility to all its citizens.
The Sixth Amendment to the U.S. Constitution mandates that the government provide legal representation for everyone who is not financially capable of getting one for themselves. This is where public defenders come in.
“States typically operate offices of public defenders to comply with this regulation. Every local office has an appointed or elected chief public defender. A team of assistant public defenders, in turn, assists the chief public defender,” says criminal defense attorney Andrew H. Stevenson of Andrew H. Stevenson Attorney at Law, LLC.
Public defenders are fully licensed attorneys whose sole responsibility is to represent indigent individuals who have been charged with a crime. They often appear in the same courts regularly and, therefore, gain extensive experience quickly.
This essay enumerates the roles of public defenders in a criminal case and highlights the important things you should know about public defenders:
Understanding that Public Defenders Work in Your Favor
Although public defenders are on the government’s payroll, the law binds them to act in your top interest. It means that they are to work for the most favorable scenarios for you, just like a private attorney would.
Many people worry that public defenders work closely with judges and prosecutors and, therefore, may not fully advocate for their clients’ interests. However, such concerns are generally unfounded. While the government funds a public defender’s salary, their loyalty remains toward their client.
You should be aware that neither judges nor prosecutors have the authority to control the hiring of public defenders. A skilled public defender can maintain professional relationships with courtroom personnel while still defending their client’s interests.
Moreover, many private attorneys maintain similar connections with the court system. It is, in fact, an advantage if the public defender has such connections.
It makes them familiar with the customs and personnel of the local courts. They can use this to plan your defense, thereby delivering a strategic advantage in your case.
How Public Defenders Are Assigned
Public defense systems operate in two main ways: vertical and horizontal representation.
Vertical representation refers to the act of having a single attorney represent you through all phases of your case. Horizontal representation, on the other hand, is when different attorneys handle different stages. The different stages include arraignment, motions, trial, and sentencing.
Having multiple attorneys represent you may harm your case, as each attorney may not be up to speed on your case. However, the horizontal representation of good public defense offices ensures continuity by maintaining detailed client files. The attorney assigned to the next stage will review the file to stay informed.
An advantage of horizontal representation is that when your case gets to complex stages, for example, trial or sentencing, you get to have more senior and experienced attorneys handling your case.
Newer attorneys typically handle routine matters. It ensures that defendants receive experienced representation when it matters most.
Understanding if You Can Select Your Public Defender
The short answer is no. As a defendant, you cannot choose which individual public defender will represent you.
Typically, the court assigns the public defender’s office to your case. These attorneys are generally assigned to specific courtrooms.
How to Request a Public Defender
If you cannot afford private representation, you must formally request a public defender. Typically, the right and first time to do this is during your first court appearance, which can be your arraignment or bail hearing.
The court will ask if you would like to have an appointed attorney. You need to provide financial information under oath to demonstrate that you qualify as indigent; that is, you are financially incapable of hiring an attorney. If the court approves, a public defender will be appointed to represent you.
Concluding Thoughts
Public defenders fulfill a vital constitutional and societal role. Their work ensures that the justice system does not punish individuals just because they cannot afford counsel. By representing indigent defendants, public defenders uphold the fairness of the legal system.
Additionally, their role goes a long way in protecting the rights of every citizen, as guaranteed by the Sixth Amendment. Thus, everyone has a fair representation in the criminal justice system.
It is important to note that although their funding comes from the government, they are duty-bound to defend you just like a private attorney would. Moreover, their routine presence in the courtroom, combined with their focused experience, often results in strong representation comparable to that of private counsel.
If you cannot afford a private lawyer, requesting a public defender at your initial court appearance is a critical step to protecting your constitutional rights.
