Hiring Lawyers

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 I Hire a Lawyer to Take Care of My Traffic Tickets and Violations in Missouri?

combschris1 · May 2, 2019 ·

Getting a traffic ticket is never a good thing, but the severity of the ticket will depend on your financial situation, current circumstances, and past violations. In the most severe situations, you may even have your driver’s license revoked or face jail time. For a first-time minor violation, it may feel like it is much easier just to pay the ticket and forget about it, but if the situation is one you won’t be able to move on from easily, you may need to enlist the help of a traffic ticket attorney

How Can I Fix My Traffic Ticket?

In Missouri, you can usually pay your ticket fines online, by mail, by phone, or in person. If you decide to pay your ticket you admit guilt and you will no longer be able to contest the ticket. If you don’t want to admit guilt you need to contest the ticket for the chance of having the ticket reduced or even dismissed.

You have three options, you can:

Pay the fine
Pay the fine and take the Driver Improvement Program (DIP)
Contest the ticket

The DIP program will allow you to reduce (or eliminate) the number of points you receive on your record after a violation. So, for example, if you got caught speeding, you could pay your fine, do the DIP, and have no points on your license which means your insurance company does not need to know about the violation.

Whichever option you choose, you must respond to the ticket within 30 days or you can face additional fines or penalties, such as license suspension.

If you choose to plead “not guilty” to a ticket, you need to complete a Not Guilty Plea form and a copy of your ticket. Most tickets have instructions for how you can fight your charge.

Traffic Violations and Penalties in Missouri

Penalties for violations are uniform across the state, but fines will vary from court to court.

Missouri’s Department of Revenue (DOR) may suspend or revoke your driver’s license if you accumulate too many points in a certain time frame.

If you accumulate 8 points or more within 18 months you will have your license suspended for 30 days. Your second suspension will be for 60 days, and your third (and suspensions after) will be 90 days.

You will have your driver’s license revoked for 12 months if you accumulate:

12 points or more within 12 months
18 points or more within 24 months
24 points or more within 36 months

Your traffic ticket (your points) will stay on your driving record for at least 3 years, and it will affect the price of your insurance for that time. If your driver’s license is suspended or revoked, it will stay on your record for 5 years.

The number of points you will receive depends on the severity of your violation; the most common violations carry a low number of points. These include:

2 points for careless and imprudent driving, such as a speeding ticket issued by a county or municipal police officer, running a red light, failure to maintain a single lane, and following too closely.
3 points for excessive speeding or getting a ticket from a state police officer.
4 points for driving without a license or permit.

Severe violations escalate quickly with subsequent violations. These include:

8 points for DUI.
12 points for driving with a suspended or revoked license.

These severe violations may lead to a large fine, your license being taken away, or in particularly bad situations, jail time, so it’s imperative you seek out an attorney’s help.

You can find a comprehensive list of offenses and points through the MO Department of Revenue [link: ].

Individual Violations

Speeding between 5 and 20mph over the limit is a Class C misdemeanor. Excessive speeding (more than 25mph over the limit) is a Class B misdemeanor.

Careless and imprudent driving, when it applies to incidents of road rage or accidents, can result in up to a year in jail.

Failure to yield to an emergency vehicle can result in a Class A misdemeanor.

Texting while driving is currently only illegal for drivers under 21, however, the distraction can cause other violations.

Failure to have adequate insurance – or any – will earn you 4 points and possible suspension.

Pros and Cons of Hiring a Lawyer to Fix Your Traffic Ticket

Pros

They Have the Expertise You Need – traffic ticket attorneys have the expertise to fight your case in ways you wouldn’t think of on your own. They are experienced with cases just like yours and know the law inside out – they’ll know the weak points to exploit to have the consequences of your violation reduced, or even dismissed.
Continue Life as Normal – in many cases of common or simple traffic offenses, your attorney can attend your hearing without you, meaning you can continue to go to work as normal, avoiding any awkward conversations with your boss or clients
Save Time – appearing for yourself in court can take hours. Many courts’ schedules are only a guide, are open only on a Friday afternoon, or they run on a first-come-first-serve basis. An attorney will attend in your stead so you won’t waste hours waiting for your few minutes in the hearing.
Negotiate a Better Deal – your attorney will be able to take your driving and criminal record into account, as well as other circumstances such as weather conditions, and argue for a reduced fine and points.
Prevent Escalation – if you intend to contest your traffic ticket but aren’t sure about how you should go about it, you may do more harm than good, especially if you forget to fill in the right forms at the right times.
Help Prevent Suspensions – if this isn’t the first offense you may be at risk of having your license suspended, which will severely disrupt your life. What will you do if you can’t get to work because you can’t drive? Can you find someone to be your taxi for 30 – 90 days? Worse, if your job depends on your ability to drive, you may find you no longer have a job waiting for you. It’s imperative you hire a lawyer if you believe you are at risk of having your license suspended.
Prevent Your License Being Revoked – if your license is revoked you will no longer have the ability to drive. If you rely on your vehicle heavily you will find your life is drastically impeded. A traffic ticket attorney will fight to keep you behind the wheel, so your life can carry on as normal.
Cost – While you will find the cost listed in the cons below, hiring an attorney will nearly always save you money. If you are in the St. Louis Metro area and are able to enlist our help, we are often able to keep points from your license for just $49.99. However, if you call us right now and mention that you read this article we will “fix” the ticket for just $35. That’s certainly a lot less than you’ll pay your insurance company for the increase over the next three years!

Cons

Cost – understandably, hiring a traffic ticket attorney to fight your violation will cost you some money. If this is your first ticket and you are prepared to do the DIP, that will likely be the most cost-effective route for you. However, if there is a chance that points will be put on your record and drive up the cost of your insurance for the next three years, then an attorney may be able to save you money over the long term. The cost of having your license suspended or revoked may cost you your job, so it’s a no-brainer to hire an attorney to fight to get you the very best circumstances.

Should I Hire a Lawyer for My Traffic Violation?

At first glance, it may seem like an overreaction to hire a traffic ticket attorney, but you have the right to challenge your ticket if you don’t feel you are guilty. If you have received a ticket and it isn’t your first offense you’ll likely want an attorney to fight for you to get the points or fine reduced.

If you are accused of a serious violation (DUI, accusation related to an accident, road rage) you need a traffic ticket lawyer on your side.

If you have received a traffic ticket in the St. Louis Metro area in Missouri and want to contest it, we are a team of experienced traffic ticket attorneys and are here to help you with any ticket, whether it’s your first offense, or forth. We offer a simple and cost-effective solution for your speeding and other moving violation tickets – for most clients, we can stop you receiving points for as little as $49.99. If you’re interested in learning more about how we can help you, click here and arrange a free consultation or call us right now to speak with an attorney – 314-578-1465.