For many accused of crimes, the financial realities of enduring a criminal trial can be a difficult burden. In the United States, our justice system ensures that even defendants facing financial difficulties are entitled to a court assigned lawyer. But are court appointed lawyers good?
It’s a fair question to ask, and one that we’ll explore thoroughly in today’s Criminal Lawyer Illinois blog.
What is a Court Appointed Attorney?
In the United States, the 6th amendment to the constitution guarantees the rights of the accused in criminal trials. These rights, among others, include the right to a speedy and public trial by an impartial jury, along with the right to counsel for defense.
This means that in the United States, everyone is entitled to the services of a lawyer, even if they cannot afford to hire one privately. The 6th amendment guarantees that no one should be left defenseless when accused of a crime.
When a defendant cannot afford to hire a lawyer privately, a court assigned lawyer will be provided. Also known as public defenders, these court assigned lawyers work directly for the government, and are paid by them to provide legal service at no cost to the defendant.
What Are The Responsibilities Of A Court-Appointed Attorney?
In the state of Illinois, the rules around court appointed attorneys are governed under Illinois Statutes Chapter 55 5/3-4006.
The law states that public defenders are required to act as attorney, without fee, for any one who is held in custody or charged with a criminal offense in any Illinois county, who the court decides is unable to hire their own counsel.
Court assigned lawyers may also be provided in cases involving minors under the age of 15.
In counties with a population greater than 3,000,000 inhabitants, a public defender may be assigned as attorney to noncitizens in immigration cases that originate in that county.
It is also important to note that the application of a court assigned lawyer is only valid for defense in criminal cases. Public defenders are not provided to defend clients in civil matters.
How Good Are Court Appointed Lawyers?
Are court appointed lawyers any good? Because court appointed lawyers are employees of the government, there is a misconception that they are not as good as lawyers who work in the private sector. However, that is simply not the case.
Court assigned lawyers still have a duty to provide their clients with the highest level of representation. Per section 55 ILCS 5/3-4004.2, public defenders must:
- Have been licensed to practice law for at least 5 years.
- Have prior experience defending those accused of a crime.
- Be devoted to public defense full time, and not engage in other practices while employed by the county.
- Exhibit dedication to providing quality defense to eligible persons.
These requirements serve to guarantee that anyone facing criminal charges in the state of Illinois will be represented by someone who is knowledgeable and experienced in criminal defense.
Problems With Court-Appointed Attorneys
Despite the legal requirements put in place to ensure a high quality level of defense for all, there are still problems with court appointed attorneys.
Heavy Case Loads
By their nature, public defenders are often burdened with a large number of cases. While these public defenders are obligated to give their best performance in each case, the sheer number of cases they handle means that they will have less time to spend with each client. This can lead to inadequate preparation, which can affect the quality of their representation.
Limited Resources
When compared to private practices, court appointed lawyers may have limited access to resources like expert witnesses and forensics experts that private lawyers do. This can make it more difficult for them to adequately conduct investigations and prepare for your case.
Limited Availability
Because of their heavy case loads, it may be difficult to arrange a meeting with a public defender on your time. You’re more likely to work around their availability, and you may even feel rushed, as they balance attention to your case with many others they take on.
How to Make the Most of a Court Appointed Attorney
If you are facing criminal charges and cannot afford private representation, there are a few strategies you can use to maximize the effectiveness of a court assigned lawyer.
- Come Prepared – Because their time and therefore attention to your case is limited, you must do your homework before any meeting. That means preparing any relevant documents, evidence, and witness statements to support you before meeting.
- Ask Questions – Doing your homework is important, but you are not a professional attorney. Come prepared with questions about your case to help fill in the blanks. Ask about the legal process, what strategies could work, and the potential outcomes of the case.
- Communicate Effectively – Be clear and concise when discussing the details of your case. There is limited time, so organizing your thoughts ahead of time will help you maximize each opportunity you have to meet with your court assigned lawyer. Document each interaction with a court appointed attorney, including dates, times, and topics of discussion.
- Consider Private Defense – We know that legal fees can be preventively high for some, but you should consider private defense if at all possible. There are pro bono attorneys who offer their services without charges to cases that involve civil rights issues or significant public concerns. There are also low-bono and legal aid organizations who may be able to offer their services at more affordable rates.
Conclusion
The 6th Amendment to the United States Constitution gives all those accused of criminal actions the right to an attorney, regardless of their income level or ability to pay. Despite the fact that public defenders do not charge their clients directly, they are still held to certain standards, and are obligated by law to give the highest quality service possible to each client.
If you are facing criminal charges of any kind, consider enlisting the help of Criminal Lawyer Illinois. Led by principal attorney Sami Azhari, we bring over 17 years of experience as an Illinois defense attorney to the table.
Contact Sami Azhari at Criminal Lawyer Illinois today for a consultation on your case. We can help you understand your position and begin developing your defense. Contact Sami today.