by Carl Simons

“If you cannot afford an attorney, one will be appointed for you ...”

Anyone who has ever watched a criminal law-related television show or movie has heard this line a million times. It is a right to counsel established by the famous Miranda case, which also mandated that you be informed that you you had the right to remain silent, etc. However, many people rely on this right and forgo hiring a private attorney to some pretty dire consequences. The old saying that “you get what you pay for” often comes into play here. Do not get me wrong: When you are facing a criminal matter, private attorneys can be very, very expensive. Having worked in the criminal justice system for almost 20 years now, public defenders have my ultimate respect, and I have met many that were 10 times the attorneys their private cohorts were. The hard part, like finding any professional to help you, is finding the good ones.

The public defender system was created to be used by those who are “indigent.” However, many people who utilize the system can afford a private attorney, and the system has become extremely overburdened—plain and simply. Because of this overburdening, public defenders cannot devote the time and effort to your case that a private attorney could. They often do not have the time to explain every detail of your case to you, and often do not have the ability to make sure you completely understand all the consequences that your criminal matter may entail. However, in their defense, I know a great many private, very expensive attorneys who do not spend the time with their clients either. Additionally, public defenders are not appointed until after you show up to your first court date, which means, in many situations, you have missed some important opportunities to have your case thrown out or have charges downgraded.

I find on many criminal matters, it is essential that an attorney get involved immediately after your contact with law enforcement, as many important decisions have already been made on your case prior to your first court date. Decisions such as where to file your case, what criminal charges will be brought and important investigative matters are all made generally without your input. However, if you contact an attorney immediately, he or she can often work with law enforcement and the prosecuting attorneys to minimize your criminal liabilities before your case is even filed in court.

Many attorneys do not like to do this because there is little financial incentive for a criminal defense attorney to attempt to get your case knocked out prior to its being filed; the longer your case goes on, the more money the attorney makes, as you will have to pay them additional appearance fees, costs or trial fees. Luckily, not all attorneys practice law simply to make as much money as possible, and many care about their clients’ outcomes. Again, the key is to contact the right attorney who puts your personal interest over their financial interest.

If you have any questions regarding this or any other legal matter, please do not hesitate to contact the Law Offices of Carl Simons at (310) 749-4529.