QUESTION
Will I benefit from purchasing a paid lawyer or will I get the same result with my public defender.
Asked on Aug 27th, 2012 on Criminal Law - Wisconsin
More details to this question:
It seems like the public defender just wants to discuss plea deals instead of looking at the details of the case. I was charged with second degree reckless endangerment against my boyfriend. He claimed I tried to run him over after we broke up but I only blocked his path with my car preventing him from passing me. I have a phone recording with him admitting to lying. Also since then there has been two police calls that I had to make against him for stalking, harassment, threats, and assault against me. He lied to police as a way to control me and keep me in the city. He has done other extreme and abusive things to me in the past. Im feeling like my public defender just wants me to accept a plea deal instead of fight my case. I don't want to admit guilt to anything I didn't do. I want to fight this.
1 ANSWER
Complex Federal Criminal Defense Attorney serving Denver, CO
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Jeralyn E. Merritt
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Public Defenders are experienced, trained, very capable defense attorneys. All good attorneys review and evaluate the state’s evidence provided in discovery; conduct their own investigation of the facts where discrepancies exist; identify possible weaknesses in the states’ case and any potential defenses their client may have to the charges; and consider their client’s wishes when weighing the benefits of a plea offer versus the risks involved in going to trial.When the prosecutor makes a plea offer, your lawyer is obligated to relay the offer to you. He or she may provide an opinion about the offer, but it is your choice whether to accept it or go to trial. If your lawyer is recommending you accept the offer, it is in your best interest to understand why, before deciding to switch counsel. I recommend you ask your public defender to explain to you why he or she thinks a plea option is in your best interest; the elements of the specific crime you are charged with, meaning what the state would have to prove in order to convict you; what he or she perceives to be the biggest obstacles you face if you go to trial; and what the likely differences in punishment might be if you were convicted at trial instead of accepting a plea bargain.If you remain committed to going to trial, your attorney should accept your decision and do everything possible to provide the best defense at trial. After consulting with your attorney, if you continue to doubt his or her advice or commitment to your defense, you might request a second opinion from another lawyer. Many lawyers do not charge for initial consultations. It may be that you feel a better “fit” with a different lawyer. But your ultimate decision on whether to actually change lawyers should not be based on an assumption that public defenders provide lesser quality legal representation than retained counsel, as that is not the case.
Jeralyn Merritt, Ask a Lawyer Panelist Since 1998
Answered on Aug 29th, 2012 at 12:45 AM