When a person is being arrested in Las Vegas, the arresting officer is required to explain the defendant’s Miranda Rights during the process so they can understand what rights they have while in custody. Among these rights is the access to be appointed with an attorney if they wish to, or are unable to afford their own legal representation. They are often referred to as public defenders, and they are provided for by state or federal courts to handle defense duties for the individual.
On paper, a public defender is a decent alternative to private firms because the defendant does not need to spend much to avail of their services. However, not many are satisfied with their representation, especially for specific crimes like homicide, drug crimes, and domestic violence. Let’s look a little more on why there’s little trust for public defenders for crimes like DUI in Las Vegas.
Understanding the Public Defender
Simply put, a public defender is an attorney fully employed by state or Federal governments to provide legal representation for defendants who cannot afford a private lawyer and do not wish to speak about their case without representation. They often have fixed salaries depending on several factors, like how public defenders are classified in their jurisdiction, how long they’ve been in the service, and so on. Public defenders can often be hired three to four years out of law school; some veteran defense attorneys spent their formative years in the public defender work prior to establishing their own practices or firms.
One thing that people must realize is that gaining a public defender is not automatic like what is often depicted in fiction. One has to formally request the court to provide them with a public defender first; afterwards, the authorities will have to determine if the defendant is truly indigent before the request can be considered and approved. Note that in the case of Clark County, public defenders are paid a fixed fee, as instructed by the court and depending on the results of the case.
Why The Distrust?
Public defenders are generally reliable in their work, and many can boast years of experience handling a wide variety of crimes. However, many people who have had to go through legal proceedings with a public attorney have less-than-flattering things to say about their experience. Complaints about limited communication outside of hearings, rushing to close a plea deal, and frequent mistakes during the trial are fairly common. Some extreme cases even accuse their assigned attorney of colluding with the court to get the worst plea deal for their case.
What many people do not realize is that there is a logical reason behind the rather haphazard way public defenders handle cases: they are overworked and underpaid. Clark County’s public attorney’s office may have a sizable staff but they are still inundated with hundreds of requests for representation daily. A single lawyer may be required to face a hundred clients a day, leaving them little time to fully discuss each of their cases. Going straight for the plea deal is often their way of reducing their workload so they can focus on major charges that need serious help.
The Public DUI Defender and You
DUI crimes in Las Vegas abound almost a dime a dozen. With how many DUI charges go to trial every day, it is only natural that there will be a number of defendants who cannot afford the full services of a private practice and will have to rely on a public defender to see their case through. Considering their reputation as stated in the previous section, some of these defendants may be hesitant to sign up for a public defender.
Public defenders are not bad if they are standing on their own merits; after all, many of these attorneys have handled complicated cases in the past and may have even won convincing dismissals. However, with the kind of burdens they have to juggle on a regular basis, especially for specialized charges like DUI, you might be asking yourself if it is really worth it to work with an attorney that may be handling 50 other clients besides you on the same day. If you are facing a Las Vegas DUI charge and are considering a public defender, you must ask yourself a few questions before proceeding:
Is my DUI charge severe enough that I need full-time representation?
Do I understand the implications of my charge, or does my potential lawyer still need to explain things to me?
Can I avoid spending more of my limited money if I go with a public defender?
Is a plea deal an acceptable alternative to a DUI conviction for my case?
If you answer ‘no’ to at least one of these questions, you might need to consider going with a private DUI attorney instead, even if it might cost you beyond your current financial capability.
Public defenders are admirable because of their selflessness, devotion to duty, and experience; they just get a bad reputation because of the demands of their position as public officials. They can be relied upon to handle your Las Vegas DUI case as much as any other attorney if you put your trust in them. In the end, it is still up to you to determine which DUI defense lawyer you will work with.