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Public Defender Or Private Criminal Defense Attorney

Posted by Alan Smith | Criminal Law | Friday 24 July 2009 8:08 am

Paying a private defense attorney is no guarantee of quality representation. Any warm body with a law degree can hang out a shingle and call himself a criminal defense attorney. In fact, many of those who can’t get a job at the public defender do just that. Your private attorney could turn out to be a bottom feeder, with poor academic credentials and little or no criminal defense experience. With a private attorney, you get your choice of lawyers, but will you choose wisely?

Public defenders are criminal defense specialists. They practice criminal law every day, and gain experience quickly due to heavy caseloads and a sink or swim mentality. They are surrounded by colleagues and supervisors whom they can learn from and consult with. Private attorneys, by contrast, generally have no supervision or quality control. Moreover, to survive financially, many private attorneys have little choice but to accept any client that walks in the door. One day your attorney is an immigration lawyer; the next he’s a divorce lawyer. For you, he’s all about criminal defense. Lawyers who do a little bit of everything are usually not particularly good at anything.

Public defenders develop an intimate knowledge of the particular court in which they practice. While private attorneys practice in many different courts, public defenders generally stay in the same court all day every day. They know the judges. They know the prosecutors. They become courthouse insiders who are able to predict how the judges will rule in your case and who know exactly what to say to a prosecutor to get the best deal for you.

Finally, public defenders typically have extensive trial experience. More cases lead to more trials. In addition, unlike those who hire private counsel, it costs indigent defendants nothing to take their cases to trial. As a result, public defenders go to trial far more often than private criminal defense attorneys. That experience helps in plea negotiations and may be critical if your case actually goes to trial

Despite all the institutional advantages of the public defender, there remains a risk that your particular public defender will be what is not so affectionately known as a “dump truck.” It is these lawyers who give public defenders a bad name. They may be overwhelmed by high caseloads, burnt out from too many years in the trenches, or perhaps they simply lack the make-up necessary for criminal defense work. Whatever the reason, these lawyers do little more than help prosecutors obtain guilty pleas. What’s worse, it is almost impossible to fire your public defender and get a new one.

A private criminal defense attorney will almost always be able to devote more time to your case and give you more personal attention than a public defender can. In the end, however, it is the quality of the attorney rather the cost of the representation that matters. Almost without exception, the best private attorneys are former public defenders. There is simply no substitute for that training and experience. Before you spend money you don’t have hiring a private attorney, consider giving the public defender a chance. Not only could you do a lot worse if you choose the wrong private attorney, but your public defender may well be a future star of the private criminal defense bar.

Palo Alto Criminal Defense Attorneys

Posted by Antony | Criminal Law | Saturday 30 May 2009 3:51 am

Before selecting a criminal defense attorney to represent you there are many things you need to consider. To begin with, it should not be the first time for the attorney to take on the kind of case you need help with. If he or she has been successful with similar cases in the past, it is a definite advantage.

Obviously you should not forget to check that the attorney actually has the appropriate formal certification for your case. Basic communication and social skills are aspects that are worthy of consideration as well. Although the question about fees is not what you should ask about first, it is naturally a significant part of the final decision.

Most criminal law attorneys like to specialize in certain aspects of criminal law, and usually they are classified in branches accordingly.

In conclusion, what you are looking for when charged with a criminal offense is a criminal defense attorney with the right education, track record and experience. Ideally at a favorable price point. Start your search today with a visit Cahners & Samuels attorneys. The firm is dedicated solely to criminal defense. Based in Palo Alto, Cahners & Samuels boasts an AV Peer Review Rated former prosecutor who is a Certified Specialist in Criminal Law. John Cahners, who has more than 30 years of experience defending every kind of criminal case from domestic violence to murder, has been recognized by the editors of San Francisco Magazine and Super Lawyers Magazine as a Super Lawyer in their 2006 & 2007 editions. This means that they rate him in the top five percent of all attorneys in Northern California.

Edwin Samuels is one of California’s foremost experts in handling DUI (driving under the influence) cases. With 20 years of legal experience, he has spent ten years focused on defending both misdemeanor and felony DUI cases.

The Palo Alto Criminal Defense firm serves all of Northern California and the Bay Area with particular emphasis in criminal defense for Cupertino, Los Gatos, Mountain View, Redwood City, Saratoga, Sunnyvale, San Jose, Santa Clara County, San Mateo County, and Alameda County.

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