What is the difference between a public defender and attorney?

What is the difference between a public defender and attorney?

Your husband is charged with a crime. Other inmates told him not to trust a public defender and instead have you pay for an expensive attorney. Is it worth it? The decision to use a public defender or a paid attorney is a personal decision and should be made with care. Here are some of the differences. Public defender: An attorney paid by the government to represent those charged with crimes who cannot afford to hire an attorney. Everyone in the USA has the right to representation by an attorney for all phases of the case. Public defenders sometimes work for a public defender department. Other times they are private attorneys who do public defender work for the courts. For how long: In some cases, your husband’s public defender will see the case all the way through. In others he or she is assigned long enough to get the case to the next highest court, then another public defender takes over. Can he change his mind? There are cases where a defendant qualifies for a public defender and uses one initially, but once he is bailed out or moved to a higher court he wants to pay a private attorney. This is perfectly acceptable. Qualifying: The judge will decide whether your husband qualifies for a public defender based on his current income, household bills and number of dependents. If he makes too much to qualify for a free public defender but not enough to pay for a private attorney, he might allow a public defender but charge your husband a fee, such as $50 or $100, to do so. Changing public defenders: If your husband gets a public defender and feels he is not being represented well, he has a right to request a new one be assigned. The judge does not have to replace the originally assigned public defender but if your husband presents valid reasons for the request, many judges will comply. Final thoughts: Some public defenders are great attorneys who simply believe strongly in representing those who cannot afford an attorney. Like in any other job field, others are lazy, under-experienced or burned out on the job. You will have to decide what your budget can afford and make a decision from there. You might be interested in: Public Defenders Push Back Against A Tide Of Cases A Young Public Defender’s Struggle video