Past midnight, a sharp knock came through the door. James, half asleep and confused, strolled towards the door. As soon as the creaking door opened, he saw a flash of a badge and heard a voice say, “You are under arrest.” His rights were read in less than a minute, his hands were handcuffed behind him, and he was led off.
To those who may also be in a similar situation as James, it can feel as though the system has already decided who you are and what your worth is. However, in times like these, what you may need are the services of a public defender. “To know what to expect from a public defender and how they can help with a criminal case against you, understanding their roles is key,” says criminal defense attorney Anthony Stonic, of Keys Criminal Defense, PLLC. This article outlines some of the key roles a public defender plays in criminal cases.
Table of Contents
Who Is a Public Defender?
A public defender is a qualified attorney appointed by the court to represent those who cannot hire a private attorney. They are attorneys who ensure that all individuals, regardless of their ability to pay, receive quality legal representation in criminal cases. Even though they may have fewer resources, they operate under the same professional and ethical standards as other attorneys.
What Exactly Does a Public Defender Do in Florida?
Except if you have been involved in a criminal trial before, the chances are that you may not know the role of a public defender. While there are numerous roles, here are some of the notable ones:
Case Intake
In a criminal trial, the court can appoint a public defender to represent an individual who is unable to afford one. The first role of the public defender is to accept criminal cases assigned to them by the court. When taken, they have the responsibility of putting up a criminal defense for the accused in court.
Case Investigation and Evidence Review
Upon receipt of the case files, the public defender starts preparing the defense based on a conversation with the accused about their account of the events. They review the facts, identify inconsistencies, and investigate alternative accounts of what occurred. This is achieved through several means, including challenging the evidence presented, collecting surveillance footage, and speaking with witnesses.
In the majority of cases, the public defender’s investigation reveals loopholes in the prosecution’s case. This can result in lighter charges or even a complete dismissal of the criminal charges against the accused.
Advocating in the Courtroom
As it is with many lawyers, one of the key roles of a public defender is to advocate for their clients in court. They represent their client’s interest at every step of the criminal trial, from the opening statement and cross-examination of witnesses, to the closing argument. They are expected to exercise this advocacy duty with the due diligence that is expected of them in the case.
Negotiating Plea Agreements
In Florida, as in most states, criminal cases can be resolved by plea bargains. Public defenders can therefore negotiate such bargains to achieve more favorable results for defendants. They are, however, not expected to pressure clients into plea deals so they can reduce their caseload. Instead, they are expected to present all the available options to the defendant and advise them accordingly on what suits the particular situation they are in.
Post-Conviction Advocacy
Even if their client has been convicted or accepted a plea, public defenders can still assist with post-conviction motions, sentence reduction, or in some cases, appeals. This is done if mistakes were made during the trial or if new evidence arises that can be addressed on the point of law.
Conclusion
The roles of a public defender are integral to the overall structure of the criminal justice system. It is a means to ensure that everyone gets a fair and just trial regardless of their social status or financial capabilities. In Florida, you can always speak with a public defender about your criminal case if you are unable to afford a private lawyer.
