When you face federal criminal charges in California, it’s important to consider whether you should hire a federal public defender or a private attorney for your case. To start with, not everyone actually qualifies for counsel from the federal public defender’s office. In fact, only those who cannot afford to hire a private lawyer can receive counsel from a public defender. Thus, many people simply do not have the option to speak with public defenders. Private federal defense lawyers often offer more flexibility and options than a federal public defender.
The right to counsel is among the most well-known liberties of criminal defendants. This is one of the most significant rights that criminal defendants have because it is protected by the Sixth Amendment to the U.S. Constitution. In most criminal matters, a criminal defendant has the right to obtain legal assistance. That’s why at Mishra X Trial Lawyers, we offer federal criminal defense legal services to the Southern California area. To schedule a free consultation with us, please call at (949) 343-9734 or fill out our online intake form today.
Is There Any Difference Between a Federal Public Defender and a Federal Private Attorney?
Some individuals believe that if you have a right to counsel, the court will provide you with one at no cost. In reality, only indigent defendants are eligible for free counsel, and it is not provided by a standard private attorney. The lawyer will instead be a federal public defender. For many defendants, a public defender is their sole option for legal representation. It may be your only alternative if you truly cannot afford private counsel in any situations.
However, if you can afford or borrow the money for a federal defense attorney, you should think carefully before entrusting your case to federal public defender. Although federal public defenders are lawyers in their own capacity, every criminal defendant should be aware of the main differences between federal public defenders and private federal defense lawyers.
A federal public defender is a lawyer who is appointed by the court. Defendants who are judged to be indigent (unable to pay for basic requirements) are entitled to a free public defender. The court employs federal public defenders. Private attorneys are those that you personally hire. They are not employed by the court, but by you.
As you can see, there is a significant distinction between federal public defenders and private attorneys in terms of who they represent. A federal public defender is employed by the government, which is also prosecuting you. Though they will assist destitute defendants in navigating the criminal justice system, many may not have the time or drive to vigorously defend you.
What You Get With a Federal Public Defender
In Gideon vs Wainwright, the U.S. Supreme Court declared that the Sixth Amendment required the government to provide free legal assistance in criminal proceedings. Several important pros and cons exist regarding federal public defenders, which we list below.
Benefits
Free Legal Representation
People who have been appointed a federal public defender are not obligated to pay their public defender. The pay of a federal public defender is generally provided by the county or state government. Many are government employees who are eligible for pensions and other perks.
Generally Same Knowledge as Private Attorneys
To work as a court appointed attorney, they must complete law school and pass the state bar test, just like a private lawyer. As part of the employment process, many firms may look at an attorney's grades in certain areas, such as criminal law or evidence knowledge. They must also retain active or emeritus status with their state bar in order to practice in the United States.
Significant Working Experience
At any given moment, federal public defenders may be managing more than a dozen current cases that are heading to court. The typical federal public defender works at their local courts for more than half of their time. That means they receive a wealth of experience interacting with judges and learning how to work cases, allowing them to provide their clients with a strong defense. Federal public defenders can churn through the same number of cases in six months that a private lawyer would handle in far longer time horizon.
Providing Legal Aid to the Destitute
When someone is accused of a crime, being impoverished should not prevent them from getting qualified defense. Federal public defenders give legal assistance to persons who might otherwise be unable to pay an attorney. While individuals can defend themselves in court, certain elements, such as age, education level, language understanding, and the seriousness of the offense are considered when determining a person's capability. Federal public defenders can jump in and provide legal assistance without adding to the defendant's stress.
Many Specialize in Niche Areas of Law
To keep their work loads more controllable, federal public defenders sometimes specialize in a single offense type. Based on the attorney's preferences, this might entail mail fraud, wire fraud, money laundering, etc. As a result, defendants may trust that their federal public defender is informed on recent judgements and arguments that may apply to their case. Specialization also permits federal public defenders to recognize right away what will and won't work for a defense in certain situations.
Drawbacks
Overworked and Underpaid
Although private criminal lawyers are paid the least in the United States compared to other private attorneys, they nonetheless earn more and work less often than federal public defenders.
Massive Workload at All Times
The volume of cases handled by public defenders can be staggering. Sometimes public defenders are known to handle over a hundred cases at once.
Less Time to Dedicate to Your Case
The typical amount of time spent on minor cases by attorneys is less than one hour per client. When federal public attorneys are allocated such large caseloads, it is tough for them to devote more time and effort to cases that require it. This also means that more criminal cases are resolved through plea bargains. In the United States, 95% of criminal cases with a public defender result in a plea bargain.
Inability to Properly Advocate for Certain Defendants
Although right to counsel is a Sixth Amendment protection, federal public defenders do not always receive the funds they need. As a result, some attorneys, despite their best efforts, are unable to provide the fulsome representation their clients seek.
Can’t Afford an Investigator
Numerous federal public defenders base their defense on the results of law enforcement's investigations. They don't have the time or money to employ an independent investigator to do research on their account. That implies that evidence that may be accessible in some circumstances is never gathered as part of the defense, thereby influencing the case's result.
It’s Difficult to Get a New Attorney
Many federal public defenders perform well in the face of extreme adversity. They work long hours, give up weekends, and conduct their own research to fight for their clients. Not every federal public defender feels the same way. In reality, there are situations when defendants believe their appointed attorney is not advocating for their best interests. The court will not appoint a new attorney to the case unless the current one loses papers, skips deadlines, overlooks evidence, or tries to coerce a plea agreement.
What You Get With a Private Federal Criminal Defense Attorney
A private federal defense attorney is one who has been engaged by you or your family to represent you in court. Hiring private counsel has benefits and drawbacks similar to hiring a public lawyer. The expense of employing a private attorney is the most significant drawback. Employing private counsel might be more expensive than hiring a public defense, depending on the seriousness of the case and the length of the court processes. The benefits of employing a private federal criminal defense counsel, however, far exceed this drawback.
Benefits
More Time to Spend on Your Case
In order to put together a competent defense strategy in more sophisticated or nuanced instances, more time is required. Because they don't have too many cases on their hands, a private attorney should have more time to devote to this. This enables some people to concentrate their efforts and make a compelling case.
More Resources at Hand
Private federal criminal defense attorneys often work with a team of paralegals and other staff members at their firm who help them on their cases. In fact, attorneys often help each other with the more time-consuming tasks, like research and other necessities.
Training and Mentoring
Some private legal companies take the time to train their lawyers, which is related to resources. Not simply by putting them in a seminar where who knows who is providing them knowledge, but by keeping them in-house. Smaller firms may even give direct mentorship to lawyers, which is a benefit of the time we discussed previously. In-house training is provided by a more senior attorney with a specialized skill set. There's nothing quite like learning from the masters.
Plethora of Professional Relationships
A really regarded privately retained lawyer's contacts provide them access to the greatest investigators, most sophisticated expert witnesses, trustworthy labs, and other paid services that can help them develop their case. Not to mention the numerous prosecutors and judges with whom they've collaborated over the years.
Stellar Reputation
Although it may appear insignificant, federal defense attorneys have a reputation to uphold. The government or the judicial system does not just hand them cases. The desire to retain that reputation might be a motivating element in putting in substantial effort to establish a solid case in order to win for their firm. They also put in a lot of effort into keeping the attorney client relationship favorable.
Drawbacks
Legal Fees
The primary disadvantage that people associate with hiring a private attorney is the cost compared to getting a court appointed lawyer. However, these legal fees come with the significant benefits we mentioned above. When considering a federal public defender vs lawyer at a private firm, we encourage you to consider who will have the most resources and time to dedicate to you. While facing federal criminal charges, you face a situation that could impact the rest of your life. Speak with a qualified federal criminal defense attorney in your area for advice about your case.
Why Should You Hire a Private Federal Defense Attorney in Southern California?
If you've been charged with a federal crime in Southern California and are facing large penalties and punishments, as well as the chance of a felony conviction, you should contact a federal criminal defense attorney right now. Based on the charges and offense, you may lose your driver's license, pay huge fines, or even spend a significant time in federal prison all of which might have a substantial influence on your future, family, and ability to earn a livelihood.
What you do next, and who you choose as your Southern California federal criminal defense lawyer, can have a significant impact on the outcome of your charges and your life. Now is the time to thoroughly consider the expertise and competence of federal criminal defense attorneys before choosing the best one to represent you.
Contact Mishra X Trial Lawyers Today
If you’re looking for a law firm to represent your best interests in your federal criminal defense case, it might not be a good idea to settle for court appointed lawyers. Private defense attorneys have the skills and resources necessary to provide excellent legal counsel for your case. At Mishra X Trial Lawyers, we offer a free consultation to our clients, and any sensitive or confidential information you discuss with us remains private. Our federal criminal defense attorney is among the best in Southern California, and we pride ourselves on being highly respected in our community. To schedule a free evaluation of your case, please call (949) 343-9734 today.