If you face criminal charges in Michigan, it’s crucial to weigh your options for legal representation carefully. One of the most important decisions for those facing criminal charges is “Public defenders versus hiring an attorney: What’s best for you?” The financial side of representation by a public defender is a critical benefit. However, there are some disadvantages to consider. Plus, you must meet the eligibility criteria established by the statute on appointment of counsel under Michigan’s Indigent Defense Commission Act (the “Act”).
By hiring a private defense attorney, you’ll enjoy numerous benefits without the need to qualify. The cost might be cause for concern, but note the penalties for serious crimes. A felony conviction could mean years behind bars. The investment to retain a Michigan criminal defense attorney is worthwhile for many reasons. To determine the right fit for your needs, you should ask a few questions.
Are You Eligible for a Public Defender in Michigan?
The first consideration with your choice of representation is whether you qualify for a public defender. Under the Act, you must prove you cannot afford a private lawyer. There are a few points to note:
- In addition to the Act, eligibility rules may be set by the Seventh Judicial Circuit Court in Genesee County or another local court.
- The judge may require detailed financial information, such as pay stubs and tax returns.
- Public defenders are typically only available for cases where incarceration is a potential penalty, so most felony cases will qualify.
Are You Prepared to Wait for Individual Attention?
Most public defenders have heavy caseloads, so they’re spread thin regarding representation. With complex cases, you need a criminal defense lawyer who has time for you and your case and who will explore all possibilities for a defense or plea bargain.
How Important is Communication?
Because of their busy schedules, public defenders may have limited time to discuss and consult regarding your case. Open, ongoing communication is critical for your defense, especially for those incarcerated while awaiting trial.
Do You Want to Choose Your Michigan Defense Attorney?
An important detail about the Act is that the court will appoint your public defender. You don’t have a choice about who will represent you, and there can be consequences if you don’t have a meaningful connection with your lawyer.
What Resources and Support Do You Need?
Evidence is crucial in a Michigan criminal case, both to attack the prosecutor’s allegations and to present your defense. You might require resources beyond what the public defender can offer, such as experts or criminal lab testing.
Make an Appointment with a Knowledgeable Michigan Criminal Defense Lawyer
These are good points to consider when looking at public defenders versus hiring an attorney and what’s best for you. Finding the right fit requires you to review your finances, but you must also weigh the consequences of a conviction. You can rely on The Law Office of Jodi L. Hemingway, PLLC, to deliver skilled criminal defense services in misdemeanor and felony criminal charges. Please call us today at (810) 237-1200 or contact us online to set up a consultation at our offices in Flint, Michigan.
