Public Defender Job Description
A public defender is a lawyer appointed by a court to represent a person accused of a crime who is unable to pay for a lawyer. The public defender's job is to ensure that her client receives a fair trial.
Other People Are Reading
-
History
-
In 1963, in a case called Gideon v. Wainwright, the U.S. Supreme Court held that the Constitution requires that every person accused of a felony crime is entitled to have a lawyer represent him, even if he cannot afford one. After that decision, courts were required to appoint a public defender to a person charged with a crime.
Function
-
The function of a public defender is to provide a zealous defense for his clients. In a criminal trial, the prosecutor or district attorney will represent the government and the public defender will represent the accused.
-
Types
-
In many cities and states, public defenders work together in an organization that receives its funding from the government. For example, in Washington, D.C., the Public Defender Service provides "legal representation to indigent adults and children." In other jurisdictions, there is no public defender office, so the court will appoint an attorney who works either in a law firm or as a solo practitioner to represent indigent people accused of crimes.
Duties
-
The public defender's job includes meeting with the client to determine how she can best help, obtaining the police reports about the accused crime, doing an independent investigation into the allegations, doing legal research, drafting and filing motions in court and either negotiating a plea agreement with the prosecutor or preparing and presenting a defense at trial. Many public defenders also continue to represent their clients through the sentencing and appeal after a conviction.
Misconceptions
-
.Many people accused of crimes believe that a public defender will not fight for them in court. However, most public defenders are the most qualified defense attorneys in the area because they limit their practice to only criminal cases, and therefore become experts at criminal defense.
Salary Range
-
Public defender salaries depend on whether you are a staff attorney at a public defender organization or an attorney appointed on a case-by-case basis. Public defender staff attorney salaries range from starting salaries of $35,000 to $125,000 (for federal public defenders with many years of experience). For attorneys appointed on a case-by-case basis, the hourly rate ranges from $35 for misdemeanor cases to $125 for federal death-penalty cases.
-
References
Resources
- Photo Credit Image by Flickr.com, courtesy of Cliff
