In popular media, public defenders appear to be inadequate or ineffective legal counsel. In Florida, public defenders are often given the unflattering nick name of, “public pretenders.” Depicting public defenders as some kind of lesser attorney is incorrect and unwarranted.
The vast majority of public defenders are indeed committed attorneys with a genuine concern about the outcome of their clients’ cases. The difference between a private attorney and public defender is not so much on which attorney, public or private, is more talented. The difference in representation when comparing a public defender and private counsel is one that is factual, objective, and void any subjective measures. The outcome favors representation by a private attorney. When it comes to representation for a DUI, it can be tempting to choose a public defender. People make the mistake of thinking that a public defender will obtain the same results as a private attorney. Their flawed reasoning is tainted with the defective rationale that spending money on a private attorney would be a waste. Let us shed some light on certain facts to consider when determining whether to retain a private attorney when charged with a DUI.
The Public Defender’s office is obligated to overcome numerous limitations when representing a defendant. Private criminal defense attorneys do not face these same limitations. For example, public defenders are often responsible for far more cases than a private attorney. The high volume of cases limits the amount of time any public defender can dedicate to each case. When it comes to representation by an attorney, especially representation concerning a DUI, the amount of time your attorney can spend working to defend you is critical.
Imagine hearing a very odd and disturbing sound suddenly coming from the engine of your car. Would you feel more comfortable taking your car to a mechanic that said something along the lines of, “sure, I’ll do what I can to figure out what I can do to fix your car, but I’m only able to spend a few hours on it. I’ve got cars waiting to be repaired as it is.” Alternatively, would your comfort level increase if the mechanic you spoke with said something along the lines of, “I’m sorry to hear about the noise coming from your engine. I know of a few things that might work to repair it. I took time to listen to the noise and have heard this sound before. It may take me a few days and the cost may be more than you would pay if you took it elsewhere, but I can assure you that I will take the time to do everything I can to fix your car.” Now, based on that simple analogy, which mechanic would you feel more comfortable with? Keep in mind, we’re not even considering what implications can be imposed when charged with a DUI. Our example was kept simply to prove a simply, but very real, point. We’re comfortable you would choose the latter; the attorney willing to devote time and attention to the matter. For a free consultation contact attorney Brendan Riley at Stewart & Riley. Contact can be made through calling 727-312-3748 or through visiting their website at www.bettercallbrendan.com
We’re familiar with people who discuss past charges wherein the public defender represented them. Fortunately, they don’t report having any issues with their representation. For anyone who had such an experience, we’re genuinely glad to hear it. The only question we would ask is, given that your freedom is at stake, are you willing to gamble in hopes of having a similarly satisfying experience? Especially when we explained above why such an outcome is unlikely, and, particularly when considering that your choice in which public defender represents you is either extremely limited or non - existent?
Unfortunately, feedback our office is more accustomed to hearing is that representation by a public defender left the person uncertain about what their options were, they felt as though they did not have adequate contact with their public defender, and when they did have contact, it took place when they were in court. Being in court is hardly the time to make decisions as important as those that impact both your freedom and future.
The problems facing our judicial system in regard to representation by public defenders has not gone unnoticed. In fact, the following has been acknowledged by no less than the Supreme Court of Florida:
The Florida Supreme Court found that:
- Public Defenders had an on average, more than 400 cases to manage at any given time;
- Because of excessive caseloads, Public Defenders often have as many as 50 cases set for trial in a single week;
- Public Defenders are unable to properly interview new clients, conduct proper investigations or even take depositions to uncover defenses and mitigating evidence on behalf of their clients;
- That Public Defenders rarely visited the alleged crime scene as part of their preparation;
- Public Defenders were often unprepared for trial;
- That a routine practice of Public Defenders was referred to as “meet and great pleas.” In other words, the Public Defender would meet his client for the first time in the courtroom or in an adjacent hallway. That without knowing anything more than what was printed on the criminal arrest affidavit, the Public Defender was expected to counsel his client about a plea bargain offer at the very first court date.
In further addressing representation by a private attorney for a DUI, consider that a public defender can ONLY represent you in your criminal case. Therefore, a public defender is prohibited from assisting you in matters directly related to your DUI – such as a driver’s license suspension hearing.
For further reference, consider this article in the Tampa Bay Times titled Florida Defense Attorneys Overloaded.
If you’ve been charged with a DUI, or if you’ve been charged with any other offense, we encourage you to contact our office for a free consultation. It’s important for you to feel comfortable with your attorney and we’re sincerely interested in answering any questions you may have. The Law Office of Stewart & Riley is conveniently located just off Highway U.S. 19 in New Port Richey. Our address is: 5435 Main Street, New Port Richey, FL 34652. Call us today: 727-312-3748