Why These Questions To Ask Your Public Defender Are Important
Being charged with a criminal offense can be nerve wracking. Being assigned a public does not always help calm those nerves. These ten questions to ask your public defender will hopefully help ease some of that anxiety.
Public defenders are some of the best, if not the best, criminal defense attorneys in the nation. That is because people who go into public defense do it for passion, not profit. That means they care about the outcome of your case, regardless of any.financial incentives.
But, that does not mean you should go into the attorney-client relationship with blind trust. You also have a right to know who is representing you, and I am not just talking about their name. You also have a right to be involved in your defense and be able to provide feedback.
NOTE FOR ATTORNEYS: Consider covering some of these topics in your first client interview if your client does not bring them up.
How Long Have You Been Doing This?
Of all the questions to ask your public defender, this is one of the most common. The answer is going to immediately make you feel better or worse about your situation.
What you have to remember is that the number of years of experience do not always dictate the outcome of your case. Many public defender offices hire only the best and brightest new lawyers to join their committed ranks. Generally, new public defenders undergo a robust training program and are supervised by senior attorneys.
In many cases, having a new, less experienced public defender is good! Their case load is probably lower than the more experienced attorneys. That means they have more time to work your case.
They are also hungry to fight for their clients. This is what they worked so hard in law school for.. And again, they are being supervised by a senior attorney so it basically means you have two lawyers on your case!
If you have a serious offense and feel uneasy about having a less experienced public defender, you can always ask if they would consider seeking co-counsel. You can also ask them how they feel about taking on your case and what they will do to ensure that you are properly represented.
Have You Had This Kind Of Case Before?
This is one of the most important questions to ask your public defender. As with the question about experience, you will either feel better or worse about your situation.
Generally, the more experienced your public defender is, the less likely it will be that they have never handled your type of case. But even if they have not, do not worry!
You may be surprised to hear this, but the skills required to handle a DWI case are not very different from the skills required ti handle a rape case. Both types of cases require similar skills, such as an understanding of science (at least in cases with lab analysts), an understanding of constitutional issues, as well as the ability to cross exam police witnesses.
Sure, different types of cases have their own special needs. Again, in a DWI case the attorney will have to understand alcohol absorption rates, standardized field sobriety tests and drug recognition evaluations. In a rape case, the attorney will need to understand false confessions, suggestive victim questioning techniques, and the importance of counseling and other confidential records.
But with all this being said, a well trained public defender can try any type of criminal case effectively.
If your public defender has not handled your type of case before, it is more than reasonable to ask them how they will get up to speed on the law and effectively represent you. You should also ask them if they would consider seeking out experienced co-counsel.
What Is Your Relationship With The Prosecutor?
This is a very important question to ask your public defender. The criminal justice system has become a system of pleas.
In fact, the United States Supreme Court has held that the Sixth Amendment to the United States Constitution requires that attorneys communicate all plea offers to their clients. See, Missouri v. Frye.
Naturally, there are plenty of cases that go to trial. But the majority of criminal cases with a plea. Even if you are not guilty of the offense you were charged with, you may decide that the risk of going to trial and losing is not worth it.
If your public defender has a good working relationship with the prosecutor, that can help you.
A lot of times I hear people say, “my public defender in bed with the prosecutor” or “why is my public defender is so friendly with the prosecutor if they work for me?” Well, that’s the point.
A criminal defense attorney who is friendly and on good terms with your prosecutor is the person you want handling your case. Sure, your case may go to trial and then it’s all business. But in the meantime, if your attorney can get the prosecutor to like them, they will be more likely to agree to a favorable plea deal for you.
What Can I Expect In The Next Month?
The unknown is perhaps one of the most stressful parts of being a criminal defendant. What does the future hold for you? What about the next month or two or three? This is a very important question to ask your public defender.
Your public defender will walk through through the process of a criminal case. Bear in mind that this is just a general description. The goal is to set some reasonable expectations for you, but things can always change.
There are so many variables in a criminal case it is hard to map out exactly how things will go. You will have to be flexible. Attorneys gets sick. Witnesses go missing. Scheduling conflicts pop up. Sometimes, the passage of time is what helps your case!
What Can I Expect At The Next Court Date?
This is a natural follow up question to ask your public defender after you go through the timeline.
Knowing what to expect at your next court date will not only put your mind at ease, but it will help your attorney that day. Attorneys sometimes have multiple cases on for the same day. If your attorney has to spend time explaining the purpose of your court date, while in court that day, it will take time away from them doing their job.
This is not to say that you shouldn’t ask questions in court. You absolutely should. But knowing what to expect will obviate the need to ask basic questions, such as “what is going to happen today?”
What Can I Do Between Now And My Court Date To Help My Case?
Of all the questions to ask your public defender, this is very important!
Your public defender is going to be handling the legal stuff, but they can’t live your life for you. And how you live your life will mean a lot in determining the outcome in your case.
For example, if you are charged with selling drugs and don’t have a job, going out and getting a legitimate job could mean something to the prosecutor and judge.
Even if you can’t get hired before your next court date, bringing in copies of job applications you have submitted and a list of interviews will help your attorney start to lay the foundation for a favorable resolution.
Perhaps you have an addiction that needs to be addressed. Getting into treatment, or at least beginning the process, will not only help you in life, but will also let the prosecutor and judge know that you are serious about getting your life together.
Whatever the task your public defender assigns you, make sure you get it done!
What Should I Not Do Between Now And My Court Date?
What you shouldn’t do before court is sometimes more important than what you should do.
A lot of times, the anxiety of a pending criminal matter will cause people to do things that actually hurt their case. For example, reaching out to the victim is always a bad, bad, bad idea. It is one of the worst things you can do.
But not everyone understands this. Some people think that they can smooth things over. This is wrong and usually will result in new charges for violating no contact conditions of your bail or even worse, felony witness tampering charges.
In short, before you do anything, ask your attorney. They have the knowledge and experience to steer you in the right direction.
What Else Can I Do To Help My Case?
Don’t forget, you are a big part of your case! This is your life after all and you are a part of the defense team.
Sure, your lawyer will be making the majority of the strategic decisions, but you have a say. In fact, the United States Supreme Court just reinforced the right to choose the objective of their case in the case of McCoy v. Louisiana.
Let your public defender know that you are invested in the case and want to do everything you can to help. Maybe it is writing up a list of witnesses that you think should be interviewed. Or perhaps providing a list of family members to speak to about your life. Or even just simply reading the discovery and letting them know where there are factual errors.
Will You Please Send Me All Discovery and Motions Filed In My Case?
This is your life on the line. Make sure that your attorney sends you copies of every police report, witness statement, lab report, or anything else related to the evidence in your case.
You should also ask for copies of motions. You may not understand the contents of every motion, but that’s ok. Read what is filed in your case and then set up a meeting with your attorney to discuss the documents.
When Will We Speak Again?
This is a good question to ask your public defender because you will leave their office knowing the next steps. Nothing is worse than leaving your attorney’s office and not knowing when you will hear from them next. Don’t just wait by the phone for a call or the mailbox for a letter! Ask, “when will we speak next?”
What Is The Best Way To Contact You?
Some attorneys prefer that you email them. Some would prefer that you just call their assistant, while others want you to call their direct line. It’s important to know the best way to contact your public defender because communication is key!
Some Final Tips
These are just ten questions to ask your public defender during the first meeting. There will be more as the case develops. But you must understand that you cannot ask your public defender anything if you don’t call them!
Stay in contact with your public defender. Check you voicemails. Check you mailbox. Keep them informed of any changes in your address or phone. Don’t forget, your attorney has a lot of clients and they cannot chase everyone down.
Remember, this is your life on the line.
