Plea Deals

Why Hiring a Public Defender Can Cost You Your Case.

combschris1 · October 14, 2020 ·

Introduction

If you or a loved one has recently been charged with a crime that may take you to the courtroom, you are likely scared and anxious to find someone to represent your case. If you are wondering whether to choose a Public Defender or private criminal defense lawyer to defend you, you’re in the right place.

What representation you choose for your defense is the most important decision you are going to make and can be the difference between you walking away with your freedom or suffering a huge fine or significant jail time. It’s time to choose someone to fight in your corner to ensure that doesn’t happen.

This article outlines everything you need to know to make your decision. Before we start weighing the pros and cons, let’s take a moment to check we are all on the same page about what Public Defenders in Missouri actually do.

The Public Defender System in Missouri

In Missouri, the Missouri State Public Defender (MSPD) provides legal representation to all accused citizens, as per the constitutional requirement. Any citizen accused or convicted of crimes in Missouri at the level of the State Trial Court, Appellate Court, Missouri Supreme Court, or US States Supreme Court has the right to a Public Defender.

The MSPD “attempts to provide every client with a high-quality, competent, ardent defense team at every stage of the process”. However, since the MSPD expanded statewide in 1989, they have undergone over ten independent evaluations which warned state officials that the MSPD was making constitutional violations.

These warnings were ignored until the right to counsel became a constitutional crisis in Missouri. The MSPD is notoriously understaffed, overworked, and underfunded. MSPD is one of the least funded public defender systems in the whole of the US.

Myths and Misconceptions about Public Defenders

There are many misconceptions about Public Defenders what they do, and what they are able to offer. Here are some truths you need to be aware of:

Public Defenders aren’t free – they will seek repayment for the costs incurred while representing you, in most cases. They won’t require payment upfront, but you will have to pay their fees.
Public Defenders care – when they can. Yes, they get paid either way, but they are often so overloaded with cases that the first time they meet you is in the courtroom. Without that personal connection, it may feel as though they don’t care about the outcome.
Many Public Defenders are good at what they do – given the limited resources they have. They have completed the same qualifications as private attorneys and are likely getting experience until they can move on to private practice.
Public Defenders aren’t out to get you – they don’t have a secret agenda and they aren’t conspiring with the state to make sure you get a terrible sentence. They will do their best for you with what they have.

How to Qualify for Public Defender Assistance

If you need Public Defender representation, one isn’t automatically assigned to your case if you don’t find a criminal lawyer of your own (in that case, you will have a court-appointed attorney). To acquire public representation, you need to complete a written application at your local MSPD office serving the county in which your charges are pending. You can find links to the application and a list of offices here.

You should be aware that the Public Defender won’t represent all cases. The cases it absolutely will not handle, are:

Civil cases involving money damages
Landlord-tenant cases
Immigration and deportation cases
Divorces
Child custody cases
Municipal court cases

Are Public Defenders Overworked in Missouri?

In short, yes. There are approximately 112,000 cases for the MSPD to handle at any one time and only 370 lawyers. That means each lawyer is juggling around three hundred cases at any one time.

As you will have read in the first section, the MSPD is one of the least funded public defender offices in the whole of the states. They simply don’t have the funding to acquire the resources necessary to offer their clients a good quality of representation.

The American Bar Association (those that set the notorious Bar examination for attorneys) has a minimum requirement for how long lawyers should spend on each case to ensure their clients have adequate and ethical representation, but only 3% of cases in Missouri represented by Missouri public defenders meet this requirement for the constitutional requirement. In other words, 97% of clients are getting unlawful representation.

Missouri public defenders rarely get to meet with their clients before the trial, meaning both the client and the public defender walks into the courtroom completely unprepared to defend their case. They don’t have a chance to discuss the circumstances from the client’s point of view, witnesses, evidence, any plea negotiations that could have taken place before the trial, or a strategy for in the room – all things they should have a right to and any private attorney will offer.

Pros and Cons |Public vs Private Attorneys

Public vs Private Success Statistics

In a study by the University of Dayton, it was found that there is no significant relationship between having a Public Defender represent you and the outcome of your trial. However, if you have your counsel appointed for you, you are 14% more likely to be convicted than if you have private counsel, with public defenders falling in between the two.

Public vs Private Costs

The pro most people know about public defenders is that they are the cheaper option – but it’s important to remember they are not free. If they accept your application, they will let you know how much their representation will cost and how you can repay them. They will come up with this figure by looking at a chart called the Fee Schedule, which you can see here. The fees are relatively minimal, starting at $125 for misdemeanors and probation violations, and go up to $1,500 for a capital murder case.

A con of choosing private representation is that, obviously, it’s going to cost you significantly more. However, it’s likely not as expensive as you may imagine to hire a good attorney for a small and straightforward case. The national average for private representation ranges from $2,000 to $4,500, depending on the case and experience of the lawyer. If you are someone who has a number of charges or convictions and you are facing prison time your fees will be higher due to the complexity of the case, but its’ also important to remember what those fees are going to get you. They are likely the difference between your freedom and having your liberty stripped from you. When it comes to criminal representation, you really do get what you pay for.

Public vs Private Workload

A major con of choosing a Public Defender over a private attorney of your choosing is their workload. As already, discussed, Public Defenders have a huge number of cases to manage, and they simply don’t have the time to give you the personal attention and reassurances you need.

Private attorneys work for you. When you choose a private criminal defense lawyer, you have the chance to meet with them before they represent you and ask them as many questions as you need to know whether or not they are the right attorney for you.

When Does It Make Sense to Use a Public Defender?

If you are on a very limited budget, it is your first offense, it is a minor crime, and you are certain of the outcome already and don’t wish to fight it, then a Public Defender may be the right option for you.

When Doesn’t It Make Sense to Use a Public Defender?

In any other situation from (and including) the one above. If you can find a way to afford a private attorney, it really is the best solution. They will be your advocate throughout your case and will fight for your freedom. If a private lawyer is known to lose a lot of cases, they simply won’t have clients. The success of their business relies on the success of their cases and the happy words of past clients. Many private criminal defense lawyers offer their clients 24/7 access so should something change in their case, they’ll be there to defend you at any time of night or day.

Don’t Risk It

If you can find the money to afford a private attorney, you should. It simply isn’t worth the risk of choosing a Public Defender over finding a public criminal defense attorney who you click with and who will be your advocate every step of the way. While all public defenders have the best of intentions, they are overworked human beings. Like all of us, when they are tired their quality of work starts to suffer, and you don’t want that work to be your future.

Don’t leave whether or not you walk away from your case with your freedom to chance. If you’re looking for a private criminal defense lawyer in St. Louis and surrounding areas, who will prioritize your case and has hundreds of successful cases and happy clients behind them, Combs Law Group may be the perfect fit.

We offer completely free consultations to talk you through your case and our process, and we get back to most initial inquiries within just two hours, so if you’re feeling anxious and need someone to talk to as soon as possible, take a deep breath and click here to contact us now.

Should You Go to Trail or Take a Plea Deal?

combschris1 · April 25, 2019 ·

Intro

If you are charged with a criminal offense you may be faced with a difficult decision: should you agree to the prosecution’s plea bargain before your case goes to trial, or should you wait for the trail to be given your sentence? The answer isn’t always simple and straightforward, so to help you make the right decision if this situation arises for you, this article will guide you through all the pros and cons of each option and anything else you need to know in order to make an informed decision.

A criminal defense attorney will be able to advise you on your case, and if you are in need of immediate advice you can talk to us ASAP by clicking here, or calling us at 314-578-1465. Ultimately you are the person who has control over the final decision.

What is a Plea Deal?

A plea deal, or bargain, is when a prosecutor offers the defendant an opportunity to plead guilty and receive a certain, and often lesser, charge and/or sentence. If you are offered a plea bargain, you (the defendant) are entitled to know all the alternatives and, as far as your criminal defense lawyer [link: combslawstl.com] can predict, the consequences of each option.

Here’s an example of what a plea bargain may look like: a defendant is charged with assault with a deadly weapon. Their attorney receives the plea bargain and tells the defendant that the prosecutor is willing to accept a guilty plea to reduce the charge to simple assault and will recommend a sentence of six months incarceration and a $500 fine. It will be then up to the defendant to reach a decision on whether or not to take the deal with their attorney’s advice.

What Are the Different Kinds of Plea Bargain?

There are three different kinds of plea bargain, and a fact bargain:

Sentence Bargain

A sentence bargain is when the defendant enters a plea of guilty in return for a lesser sentence. For example, 12 months incarceration instead of 24 months. This is sometimes combined with a charge bargain.

Charge Bargain

A charge bargain is when the defendant enters a plea of guilty in return for a lesser charge. For example, simple assault instead of assault with a deadly weapon. This is often combined with a sentence bargain since lesser charges come with lesser sentences.

Count Bargain

A count bargain is when the defendant enters a plea of guilty in return for a reduced count. For example, instead of being guilty of three counts of assault, you agree to reduce it to one for the lesser sentencing one count brings, and the prosecution drops the remaining charges.

Fact Bargain (not a plea deal)

A fact bargain is not a plea deal and is not often used. It is when the defendant admits to certain facts in a case instead of the prosecutor having to prove them at trial in return for agreeing not to introduce other facts at trial. In this bargain, the case goes to trial.

Whatever the bargain, a judge must approve and accept it.

Who Helps Me Make the Deal?

If you hire a private criminal defense attorney they will manage the deal for you, or you can have a public defender guide you through the deal. A private attorney will be more invested in your case, know more about it, and will be able to talk with you at length about the advantages and disadvantages of your agreeing to the deal (or not). Remember that your attorney or defender has a huge amount of experience and have seen a wide range of cases and their outcomes, so their advice is worth your consideration, even if it doesn’t go with your instincts.

Pros of Taking a Plea Deal

Prosecution Has Already Considered the Case

A prosecutor doesn’t offer a plea bargain unless they have carefully studied the case, gathered all the evidence they believe they need, spoken with witnesses and victims, and considered a fair sentence. This means if you believe you will be found guilty, that a plea deal may offer you a better sentence than you’ll get if you go to trial.

You Can (Almost) Guarantee Your Sentence

Agreeing to a plea bargain is the only way to have any degree of control over your sentencing. You will have the chance to think over the offer and whether to agree to it. If you do, the only hurdle remaining is the judge, who must agree to the terms of the agreement. If you don’t take the plea bargain, you’ll be at the mercy of the judge and jury.

Saves Time

Often, you’ll have to wait a year or more before your case can go to trial, which means you and your family must live in a state of limbo until you receive your sentence or are found not guilty. If you agree to a plea deal you won’t have to wait, and you’ll be able to move on with your life as soon as possible. It also saves the time of the judge and jury who would have to see your case.

Saves Money

From the state’s point of view, cases that agree to a plea deal outside of the courtroom help save them a huge amount of money, and so judges are more inclined to agree with the prosecution’s recommendation of the lesser charge and/or sentence.

You will also save money if you are paying for your own criminal defense attorney as they won’t have to spend the time putting your case together for trial.

Avoid Unwanted Publicity

Trials are extremely public and can gain a lot of media attention that may make it difficult for you and your family to return to normal life after the trial.

Often a Lesser Charge or Sentence

If you are offered a plea deal it is nearly always a lesser charge and/or sentence than you would receive at trial.

Cons of Taking a Plea Deal

Waive Your Right to Appeal

If you agree to a plea deal you must also surrender your right to file an appeal on the conviction later down the line, unless a specified doctrine is drawn up outlining the legal parameters and agreed on by both parties.

You Will Be Charged

If you hope to be found not guilty or acquitted of the crime, you must go to trial. If you agree to a plea deal you will voluntarily plea guilty and receive the agreed-upon charges and sentence, and it will be on your criminal record, even if you are innocent.

Minimum Sentence

In many areas and cases, there will be a minimum sentence you have to receive that the prosecutor will not be able to reduce, even if they wanted to.

The Judge Has Control

Regardless of your deal, the judge will still ultimately have control and can reject the deal if they don’t agree with it, and will impose a longer sentence.

Pros of Going to Trial

You May Be Found Not Guilty

If you go to trial and the prosecution cannot prove, beyond a reasonable doubt, that you committed the crime, you may be found not guilty or even acquitted of the crime. You can only be found not guilty by going to trial. If you are innocent or believe the evidence against you is limited, you may choose to go to trial to try and avoid the charges.

You Have More Time

If you aren’t in jail awaiting your sentencing, you will have more time to spend with your family, to get your affairs in order, and to work with your criminal defense attorney to put together your defense before the trial. If you are serving time while you wait, you may have already served the sentence by your trial and be released immediately.

Benefits of the US Constitution

If you refuse the deal and go to trial you will receive all the benefits of the US Constitution, meaning you must be presumed innocent until proven guilty. The prosecutor must gather together their case to prove each element of the crime beyond a reasonable doubt. You also may benefit as any mistake the prosecution makes may cause the evidence to be suppressed.

Cons of Going to Trial

You May Receive Harsher Sentence

If you reject a plea deal there will be no guarantee that the prosecution will seek the same sentence at the trial, and the judge may decide to impose a harsher sentence, even if the prosecution seek the same sentence. At trial, the judge will be able to give you the maximum penalty and sentence.

It Gives the Prosecution More Time

Just as going to trial can give you more time to put your defense together, it also gives the prosecution time to put their case together. If you have been offered a plea deal, you can often assume they have gathered the most amount of evidence they believe they can get, but there is the chance that they’ll persuade a new witness to testify or will use the setting to amplify the case and seek a harsher sentence.

Juries (and Judges) Are Unpredictable

By design, juries are unpredictable. Judges and juries are human, and they can be swayed by the way information is given to them, by performances by the witnesses and victims, and by things going on outside of the courtroom. Once you go to trial you will have no control over the sentence you receive, other than by your behavior in the courtroom, and they will have control over your future.

Trials are Public

Trials are often public affairs and you and your family will be under constant scrutiny in the lead up to your trial, during it, and for some time after it.

What Happens When You Take a Plea Deal?

A plea bargain can take place at virtually any time during the process. The prosecution will approach your attorney with the deal and once you agree to it, they will put it forward to the judge for it to be agreed upon. Your sentencing will be arranged quickly so you can serve your time or pay your fine.

What Happens If I Reject the Deal?

If you reject the plea deal and choose to go forward with your trial, you will have to wait for your trial date before your case can be seen, which can take a year or longer. Once your trial begins, you will be at the mercy of the judge. The prosecution will put their case forward, your criminal defense attorney [link: combslawstl.com] will put forward your defense, and the judge and jury will come to a decision. If your sentencing includes incarceration you will be taken into custody to start your sentence.

What Happens if Me and My Criminal Defense Attorney Don’t Agree?

If, for any reason, you and your criminal defense lawyer can’t agree on the best strategy for you, you ultimately have the final say and your representative must carry out your decision. However, if your criminal defense attorneys feel strongly, they may ask the judge to let them withdraw from the case, or you can ask for a new attorney. Always ask them for the reason they are advising you the way they are before you make your final decision. This isn’t a common occurrence for defendants who met with and chose their attorneys personally, instead of being assigned a public defender

What Option is Best for You?

What option is best for you will depend entirely on your individual case, the charge, the evidence, and witnesses who can place you as the perpetrator, and your other circumstances. You and your criminal defense lawyers should discuss your options and the likely outcomes to come to a decision you can feel good about. You should make sure you ask your attorney:

If there is any chance of a better deal if you wait until closer to the trial
What sentence you are likely to receive if you go to trial and are convicted
The maximum sentence you may receive
If the trial could turn out in your favor

Your attorney should also be able to provide you with “insider” advice about the assigned judge and what decision they are likely to make on your case based on others they’ve preceded over in the past.

If you believe you will be found guilty, or if there is irrefutable evidence against you, often a plea deal will offer you the best terms for your charge. However, if you are seeking acquittal of the crime, you must go to trial.

Need Advice?

If you or someone you love has been charged with a crime, you need someone in your corner fighting for your rights and preparing a strong defense. We at Combs Law Group, based in St. Louis, Missouri [link: combslaw.wpengine.com/st-louis-criminal-defense-attorney], we get to work on your case immediately. We offer free consultations, are available 24 hours a day, and will be by your side all the way through your case. If you need a criminal defense attorney in St. Louis we can be there to advise you from the moment of your arrest. You can either fill out a contact form on this page or you can call 314-578-1465.