In the United States, you have the constitutional right to an attorney if you have been accused of a crime. If you cannot afford an attorney, you can ask the court to appoint one for you. Many people consider asking for a public defender instead of a retained private attorney, thinking this will save them money. But choosing a court-appointed attorney is not always the best way to go.
Michigan does not have a single, unified public defender system. Instead, each county decides how to organize, appoint, and pay lawyers who represent criminal defendants who cannot afford an attorney.
In Michigan, you are only entitled to a public defender if: (1) you face the possibility of going to jail if you are convicted and (2) you cannot afford an attorney on your own. But just because your attorney is court-appointed does not mean the lawyer is free. Many courts in Michigan use a sliding scale to determine repayment of an appointed attorney depending on what the judge decides you could pay.
If you are appointed a public defender, know that your lawyer graduated from law school and passed the bar exam. They are qualified to represent you and likely have experience representing other criminal defendants. However, a public defender is often limited in what they can do for you, the amount of time and attention they can put into your case, and the case expenses that the court will approve.
While many highly qualified, hard-working, and committed lawyers work as public defenders, they simply will not be able to provide you with a customized defense and devote the time necessary to create a compelling defense strategy to win your case or minimize the penalties if you are convicted.
Public defenders are court-appointed lawyers who are paid by the government. They are dedicated to protecting the rights of the accused and work hard for their clients. But in most cases, there are limits to what they can do.
One immediately apparent drawback to being represented by a public defender is that you do not get to choose your attorney. You could be appointed a lawyer with decades of experience and frequently handles cases just like the type of crime you have been charged with committing. Or you could be appointed an attorney who is fresh out of law school and has never handled a case quite like yours. You never know.
As court-appointed lawyers, public defenders often have heavy caseloads. They cannot focus all of their time on your case. Instead, they must split their attention between many clients.
In addition, a public defender may not be willing to invest as much time and energy into your case because they receive relatively little compensation for representing you, and their fee might be capped.
While public defenders are licensed attorneys, they often lack the specialization of retained attorneys. Because there is often high turnover among public defenders, your court-appointed lawyer may not have the same background and experience handling cases involving the type of crime you were charged with committing.
Public defenders are paid by the government and must seek court approval for case expenses. Even if there is an expert witness whose testimony could make or break your case, the court might not approve the expenditure, even if it could result in a finding of Not Guilty. No matter how competent the public defender is, they often lack the time and resources to thoroughly investigate your case and mount a compelling defense.
The good news is that you are never stuck with the public defender. If you can afford a retained attorney, you have the right to hire the lawyer of your choice.
Even though hiring a private lawyer will cost more money upfront, choosing private counsel with has experience handling your specific type of case can save you money in the long run through a better result, reduced fines, and staying out of jail.
Because retained attorneys choose which cases they will take on and how many cases they want to handle at any given time, we can devote more time to your case. In addition, a private attorney does not need to seek court approval for additional case expenses, such as additional evidence testing, a private investigator, or hiring expert witnesses.
When you have been charged with a crime and are facing hefty fines and the possibility of jail time, you want the best defense you can afford. When your freedom is on the line, it is not the time to cut corners. If paying a private defense attorney to conduct a thorough investigation and mount a vigorous and customized defense results in you avoiding jail time and some of the harshest penalties of a criminal conviction, the money you paid will be well worth it.
If you are facing criminal charges in Michigan, you need experienced and aggressive legal representation. Elmen Legal will carefully analyze and investigate your situation, create a customized legal defense, and fight to protect your rights.
Elmen Legal is based in Ann Arbor and proudly serves people throughout Michigan, including Saline, Pittsfield Township, Chelsea, and Ypsilanti, as well as Washtenaw, Wayne, Monroe, Lenawee, Hillsdale, Jackson, Ingham, Livingston, and Oakland Counties.
To learn more about Attorney Robert Elmen, call (734) 707-8915 or contact Elmen Legal online today to schedule a confidential consultation to discuss your situation and how he can help.
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