Drug Possession

Do I Risk Using A Public Defender Over A Private Attorney For My Drug Charge?

PUBLIC DEFENDER OR PRIVATE ATTORNEY FOR DRUG CHARGE-Bienenfeld
Edited by Saul Bienenfeld

Which option is better to defend a drug-related charge?

What Would Be The Advantage Of Hiring A Private Attorney Over A Public Defender In A Drug Case?

Public Defenders Carry Heavy Caseloads!

There are a lot of good public defenders out there but those public defenders are also handling a lot of cases. Depending on the complexities of an individual’s case it may require a great deal of time to mount a successful defense. A public defender just may not have the time to be able to devote the necessary work that particular case requires.

The Defense For Some Drug-related Cases May Take Time To Craft And A Private Attorney Has More Time And Resources To Devote To A Case.

When somebody hires an attorney they should ask that attorney questions about their caseload, and about their experience to ensure that they get the attention that they deserve and they need. A client will want to know that their case is getting the attention they demand.

They will want to make sure the attorney is able to review all of the discovery, interview witnesses and make sure no stone goes unturned. This will help the client as well as the attorney make an informed decision on how to proceed with the case. Without this initial time commitment, the client won’t know what option has the best likelihood of success.

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What Is The Typical Process Following An Arrest For A Drug-related Charge?

If they contacted us they’ve been arrested and they bonded out and they decide to hire us. We would first file a notice of appearance for them with the court. We’d also file a request for preliminary hearing as well as discovery motion. In the discovery motion, we ask for specific things from the state or from the city that they have in their possession that they would use to try to prove their case.

Discovery Includes All Evidence The State Is Going To Use In The Prosecution Of The Case

We’d eventually be provided that discovery and that may include incident offense reports written by the police officer who made the arrest. It may include video evidence if the stop was videotaped. It may include booking videos, if the booking room or the jail had video recording capabilities.

It may also include statements by different witnesses or statements by co-defendants. It can include many different things. We’d look at that discovery and may go over it with the client and talk to them about it. We will talk to them about what happened and go over all the events and then formulate a strategy on how we’d move forward at the preliminary hearing.

How Will This Arrest Affect My Employment Opportunities?

There can be long-term effects even if the charge is only for a drug offense. The job market’s pretty tough these days and employers may just pass over that applicant because in fact they have a felony arrest or worse, a felony conviction on their record. We try to handle those things with care and try to avoid a conviction on their permanent record.



Article references:
www.peaglerhollett.com/criminal-defense/drug-crimes/private-attorneys-or-public-defenders-which-is-the-better-option-to-defend-a-drug-related-charge/

About the author

Saul Bienenfeld