The United States has three major categories of defense attorneys: assigned counsel, contract systems, and public defenders.
Assigned counsel refers to a private criminal attorney appointed by a court to represent a defendant who cannot afford an attorney. The court assigns the attorney and pays them a fee for their services. This type of representation is typically used in cases where a defendant does not qualify for a public defender but cannot afford to hire an attorney on their own.
Contract systems involve the court contracting with a law firm or group of attorneys to provide legal representation for defendants who cannot afford their own attorney. The court pays the law firm or attorneys a flat fee for their services. This type of representation is often used in jurisdictions with insufficient public defenders available to represent all defendants.
Public defenders are attorneys the government employs to represent defendants who cannot afford to hire their own attorney. Public defenders are typically assigned to court cases and paid a salary by the government. This type of representation is used in many jurisdictions and is often the most common way for defendants to obtain legal representation.
The quality of legal representation can vary widely within and between the three categories of defense attorneys. While many skilled and dedicated attorneys work in each category, defendants may not always receive the same level of representation as they would if they were able to hire a private attorney.
Do you need a public defender?
A common misconception is that private attorneys are always superior to public defenders. This is simply not true. While there are excellent private attorneys, there are also excellent public defenders who can provide top-notch legal representation.
The public defender system ensures that everyone has access to legal representation regardless of income level. This is important because our justice system is built on the principle that everyone is entitled to a fair trial. If only those who can afford to hire private attorneys could receive legal representation, this would create a two-tiered justice system where the wealthy have an unfair advantage.
When comparing public defenders to private attorneys, it is important to note that public defenders often have very high caseloads, making it difficult to provide individualized attention to each client. Public defenders can also have very large areas that they cover. For example, one public defender covers Greene County, Christian County, and Taney County. Lawrence County, Barry County, and Stone County also share one public defender.
The cost of public defenders varies by state. In Missouri, the cost of a public defender varies based on the type of case. The cost of a public defender for a misdemeanor or probation violation is $125, whereas a capital murder case can cost up to $1500. The percentage of defendants who use public defenders varies by location, but it can be as high as 80% in some areas.
Outcomes for defendants are not necessarily less favorable with public defenders than with private attorneys. It depends on the case and the skill of the attorney.
How Do You Know What Type Of Defense Attorney You Need?
If you need legal representation but cannot afford a private attorney, you may wonder what defense attorney you need. The first step is to determine whether you qualify for a public defender. If you are facing criminal charges and your income falls below a certain threshold, you may be eligible for a public defender. You can inquire about this at your first court appearance or contact your area’s public defender’s office.
If you don’t qualify for a public defender, you may still be able to obtain legal representation through assigned counsel or a contract system. In some cases, you may be able to negotiate a payment plan with a private attorney or seek pro bono representation through a legal aid organization.
When choosing an attorney, whether private or public, it is important to consider their experience and track record. You want an attorney who has experience with cases similar to yours and who has a good reputation in the legal community. You can ask for recommendations from friends or family or look for reviews online.
You should also understand your attorney’s fees and billing practices. You want a lawyer who is transparent about their fees and willing to work with you to develop a payment plan that works for your budget.