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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.

Recently Arrested For A DWI?

combschris1 · October 5, 2019 ·

Introduction

We’re launching a new series of blog articles that focus on the different types of cases we specialize in at Combs Law Group.  The hope is to drive more context around why we are the right choice for you if/when you have a run-in with the law. These articles hope to provide you with some insights into a particular area of criminal defense law and when possible we will discuss some of our recent case files.  These are meant to deliver you a more in-depth look at your particular charges and what you can expect as you move forward with your criminal defense. We hope to cover a variety of crimes from serious felonies to simple traffic tickets. Let us know if you have any suggestions on topics as we continue to share our viewpoints and knowledge about criminal defense law. 

We are going to start with one of the most common criminal charges we handle with our clients – DWIs.  

DWI Laws Missouri

With the exception of speeding tickets, DWI (driving while intoxicated) arrests are some of the most common cases any St. Louis criminal defense attorney handles. Every year hundreds of thousands of people drive while intoxicated, and every year thousands of people get caught and charged with either DWI or DUI.  The first DWI laws were passed over a hundred years ago, but up until the early 1980s drinking and driving was still considered a “minor” offense. But over the past 30 years, the DWI laws across the country and in Missouri have become much more stringent, and as a society, we view DWI’s much more seriously. Most of this has been driven by groups like Mothers Against Drunk Driving, who have worked diligently to reduce the number of DWI related deaths over the years. In 2018 Missouri enacted several new DWI laws that cracked down on DWI offenders even more.  Unfortunately, as these laws have been put in place many people have been caught in the crosshairs. You don’t have to look hard to find someone who has been arrested for drinking and driving. If it’s not you, it’s probably a family member or a friend.  

Unfortunately getting a DWI is real and when you get one you have to face both criminal action and administrative action by the state. The criminal side deals with the state laws you broke, while the administrative side deals with your license.  Let’s take a look at the implications on both sides of the DWI defense.

The Administrative Process

Driving is a privilege in Missouri and the state has the right to take that privilege away if rack up enough points on your license.  Getting a DWI conviction is a sure fast way to see that happen. Under the law the state has the right to take away your driver’s license under the following conditions:

  • A first-time conviction results in a 90-day suspension and you might be eligible for a restricted drivers’ license.
  • A second-time conviction results in a one-year suspension and if that second conviction is within 5 years of the previous one then you could receive a five-year license ban.
  • If you are convicted of DWI three or more times you will receive a ten-year ban.

When you are arrested for DWI the arresting officer is obligated to do the following:

  1. Sends an Alcohol Influence Report form (AIR) to the DOR
  2. Sends  a Missouri Uniform Complaint and Summons, or warrant, if applicable to the DOR
  3. A Notice of Suspension/Revocation of Driving Privilege (Form 2385) and a request for a temporary 15-Day Driving Permit (this will only be issued if your driver’s license is taken).
  4. Your Missouri Driver License, if secured.

When the DOR receives this information they will send you the “Notice of Suspension/Revocation of Driving Privilege (Form 2385).  You have fifteen days from that notice to request a hearing.  This is crucial and you should act quickly so that you don’t pass up the opportunity to get a hearing.  Getting an attorney involved at this stage could mean the difference of you taking the bus for the next three months or having the use of your car.

Suspension vs Revocation

Under Missouri law, if you are a first-time offender you are probably eligible for the ninety-day suspension, while those with a suspension or revocation within the past five years will face a one-year revocation.  The big difference between the revocation and suspension is that you may be eligible for a restricted driving privilege under a suspension. That’s typically not available to those under a revocation.  

To Blow or Not Blow?

The ongoing debate to blow or not to blow has been around since the police started using breathalyzers.  Criminal defense lawyers have differing opinions as to whether you should blow or not blow. The fact is that it really depends on your circumstances.  The law is pretty clear – if you refuse to blow you will lose your license automatically for one year. All the same procedural rules apply, so if you do decide to refuse you will be given fifteen days to file a request for a hearing.  It’s true that if you don’t blow the state then doesn’t have a strong case on the criminal side. However, it can be difficult to overturn a one-year revocation because of refusal.

The Criminal Process

When you’re arrested for a DWI you’re typically taken to jail and held until you sober up which is usually eight to ten hours. Upon your release you will be given copies of your tickets and told to show up in court on the date on the tickets.  Depending on the municipality of arrest that date is likely three to five months away. Naturally, you think well I don’t have to worry about it right now. Wrong! As we’ve just stated you have to act quickly right after your arrest to protect your license.  Even though the criminal proceedings can take months (sometimes years), you should get an attorney right away. 

The criminal process for a DWI is highly dependent on your criminal and driving history.  First time DWI offenders are usually facing a misdemeanor B if convicted which can result in six months in jail and a $500 fine.  Most DWI cases don’t go to trial however, and end up with a plea deal where they keep the DWI conviction of their record with an SIS, or sentence in suspension.  This requires that the defendant go on probation for a specific period of time and if they complete it successfully the conviction is dropped.  

Second, third, a multiple offender DWI cases are more complex.  The state in recent years has clamped down hard on DWI offenders, especially repeat offenders.  It’s not uncommon for defendants with three or more DWI arrests or convictions to be facing prison time for a DWI.  Even if those previous DWI’s were over five years ago, the state laws now consider those into the equation when evaluating a defendant.  

When you bring a DWI case to Combs Law Group we fight the battle on both fronts.  We work to protect your license by representing you in your administrative hearing, and we can file petitions with the court for your restricted driving privileges.  On the criminal side, our defensive strategy is dependent upon your specific case circumstances. If you are multiple offenders our goal is to make sure you avoid jail or prison time and any felony convictions on your record.  If you’re a first time offender we work to make sure that you get the best probation terms possible. 

We’ve defended hundreds of DWI cases all around the St. Louis area in many if not all the municipalities.  Knowing the people and the processes that govern those municipal courts is what makes us the best choice for those who are facing a DWI in any of the St. Louis County municipal courts.  We can get you the outcomes possible so just give us a call today.

Areas Served

We proudly represent clients throughout the St. Louis Metro area including the following municipalities and counties: Affton, Florissant, Chesterfield, University City, Oakville, Wildwood, Ballwin, Mehlville, Kirkwood, Hazelwood, Maryland Heights, Webster Groves, Ferguson, Spanish Lake, Manchester, Lemay, Overlan, Concord, Creve Coeur, Clayton, Bridgton, Jennings, St. Ann, Crestwood, Bellenfontaine, Town and Country, Berkley, Richmond Heights, Maplewood, Ellisville, Ladue, Des Peres, Sunset Hills, Brentwood, Eureka, Olivette, Sappington, St. John, Black Jac, Shrewsbury, St. Charles County, St. Louis County, Jefferson County, Franklin County, Lincoln County, and Warren County, Ste. Genevieve County

Disclaimer

The information on this site is for informational purposes only and should not be interpreted as legal advice. No formation of the attorney-client privilege is created by the use of this site. The choice of an attorney is an important one and should not be based solely on advertisements.
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