PUBLIC DEFENDERS and COURT APPOINTED LAWYERS

"Hi.. I am WENDY from the PUBLIC DEFENDERS 

office, I'll be your lawyer Today "

The Public Defender's office in ANY state, is the most underfunded and the busiest branch of the Judicial Court system in the nation. In any day of the week, you can see a Deputy Public Defender trying to "resolve" multiple cases in one day. Multiple postponements is the norm.  It's a world of "give and take"


Big crimes are plead down to minor crimes, Minor crimes are plead down to the equivalency of a parking ticket and so forth. Often times they run from one courtroom to the next. However there are also exceptions to the Rule, and your case can be mishandled or lost and you can end up in Jail.


Perhaps the following case scenario is somewhat similar to yours.. AND CAN BEST ILLUSTRATE  HOW A PUBLIC DEFENDER CAN SCREW UP YOUR CASE .


You were wrongfully arrested  by the Police who claimed "someone" saw you steal some meat from a Grocery store, when in fact you only went there to buy milk and eggs for your kids.  You have no money to hire a private lawyer and your case gets assigned to the local Court's  Public Defender's office. You are 45 yrs old.


You are brought in chains and cuffs along with 20 other "Innocent" criminals and  made to sit in the Jury Box while your case is called. You next see a young Kid who looks like your teenage son and tells you he is your lawyer from the PD's office. You try to tell him the cops got the wrong Guy, and that you only went there to buy milk and eggs for your Kids. They found NO Meat in your possession when the security guard stopped you and called the cops outside the store.  You are a regular customer at that store, because you live nearby.


This Young Teenage looking PD tells you, not to worry and to just to plead "no contest" and  that he'll handle the rest.  He reassures you, you'll be home by dinner that night. Right before you get a chance to say something, your case is called and he jumps into action. and says: 


"Steve John DOE, for the Defendant you Honor.  Judge I have a Jury trial in department "A "upstairs in ten minutes your honor,  my client here will like to plead "no contest" to the charges and requests probation, and he'd like to offer to pay for the merchandize to the Grocer as restitution"   says the illustrious Public Defender.  


"Can't do that Judge, it's his 4th arrest, on similar type of offenses and the People seek a 
  jail term on this one you Honor"  Says the HOT SHOT DA..  


"May I confer with Counsel for the People your Honor " says the illustrious Public Defender.  


"Make it quick Counsel, it's a long calendar" Says the Court.


" Ok. Mike John DOE, this guys has priors? I haven't had a chance to run him. I am so late for Court upstairs. What kind of jail term you seeking " Says the young PD.

"This guy's got at least 4 priors on similar types" Says the HOT SHOT DA. "The people want a year in Jail, 5 yrs probation and restitution" ..  


"seems kinda long for some meat that was never found, Let's do 1 yr. Probation and restitution"  Says the young PD. " 


Jury may not be as generous as I am being. Lowest as the people can do is 6 months county, 3 yrs probation and restitution"Says the HOT SHOT DA.  


"Let me talk to my client" Says the young PD.


THEN he tells you the following: "OK  this is the way it is Sir. They want to put you in Jail for a whole year. But I said to the DA. No Frigging way! This is a good man. A family man. So I got him to go 6 months in County and  some probation, Oh and when you come out, you need to pay the meat they said  you took...This is a good deal SIR, believe me,  because if they take you in front of a jury, your other priors will come up and you could be looking at two years or more...BUT make up your mind  quick coz I gotta go upstairs in like two minutes or so. Don't worry, the jails are very crowded and most likely you only serve 2 or three weeks at the most.. Is a good deal believe me, I had another case similar to yours  and the guy was out the next day." Says the young PD.  


"But I did not steal anything. the priors is for some some sodas and some chips we stole when I was in high school, I was young then"...You try to tell him. "


"It doesn't matter, It's what the Jury believes.  I am very late  SIR..  You wanna take a two year chance with a jury and your freedom ??  or be home within a week or so ?? It doesn't take a brain surgeon to figure that one out, BUT  let me know quick coz I gotta go SIR.. But I must warn you, don't blame me if the jury gives you two years  and a long probation. Juries don't like thieves  these days ...so what you want me to do sir, PLEASE  I am late!!" Says the young PD.  


" Are you sure I could be home in a week or so" you say, thinking that a week can go by quickly and your wife will understand and explain to the kids.


"It happens all the time, you'll see. so it's OK 
right ??" Says the young PD.. 


"OK" you say somewhat reluctant , confused and scared ..


He runs to the HOTSHOT DA'S table and proudly conveys "your" dispensation, and you notice something peculiar...all the time he was talking to you he was holding a huge file with someone else's name on it.


You are returned back to your jail cell thinking that  the next day or so you'd be home, because of "overcrowding" just like the young PD told you...and every day you see a Deputy walk by your cell you think is for you to be sent home..  YOU DO THAT FOR THE NEXT 6 MONTHS ...


Word of caution:...Public Defenders  may be overworked and understaffed. BUT they try to do their best in an imperfect system. BUT at times  they also screw up, making it necessary to be reported.


If that's the case and your case was mishandled by a deputy Public Defender, or by a Court appointed attorney,  you can also report said abuse to his/her superiors and to the BAR association.