Texas Criminal Defense Attorney Says Not All Defendants Have The Same Legal Defense Options

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Most people understand how important it is to obtain legal counsel as soon as possible after they are arrested or notified that there are criminal charges against them. However, many people do not realize that they may have more than one type of defense counsel available to them. All criminal defendants are free to locate and pay for a criminal defense attorney of their choosing. Unfortunately, many criminal defendants lack the financial resources to pay for a defense attorney. Fortunately, a decision made by the United States Supreme Court in 1963 guarantees the provision of legal counsel for defendants who are charged with a specific type of crime and cannot afford to pay for an attorney. States differ in how they fulfill the obligation placed upon them by the Supreme Court’s decision in Gideon v. Wainwright. States and counties are free to design their own methods of providing legal counsel to indigent defendants, so all defendants must understand how legal defense for the poor is provided in their county. With that information in hand, defendants can make an informed decision about what type of legal representation they wish to pursue.

For example, legal defense for impoverished defendants in Travis County is currently primarily provided by assigned counsel, private attorneys to whom the county pays a nominal fee to represent the defendants the county assigns to them. Juvenile defendants and some adult defendants who are mentally ill receive legal defense through a public defender’s office. Recently, a decision was made that will bring a public defender’s office to Travis County in the coming months. However, the new public defender’s office will only handle about a third of the county’s indigent defense cases. The rest will continue to be handled by assigned counsel. Many counties are like Travis County in that they provide criminal defense to impoverished defendants through some combination of public defenders and assigned counsel, so defendants must understand what each of those defense options looks like.

In our next article, we’ll take a closer look at the three types of legal representation that a Texas defendant might have available to them. The legal defense options that are available to you depend on the nature of the crime you are charged with as well as the financial resources you have available to you. For example, public defenders and assigned counsel are available to defendants who are accused of a felony or a misdemeanor that is punishable by imprisonment and who meet specific financial criteria. What this means is that even if you are charged with a felony or with a misdemeanor that is punishable by imprisonment, you may not qualify for the services of assigned counsel or a public defender even if you think that you cannot afford to pay private counsel.

If you are accused of a crime in Texas, it is critical that you make a wise choice about your legal representation. Time is of the essence, and not all legal defense options are created equal. Your rights and your freedom are at stake. Contact a Texas criminal defense attorney right away to begin pursuing resolution of your Texas criminal law matter. Learn more about criminal defense in Texas by calling Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.

 

 

Texas Criminal Defense Attorney Explains The Similarities and Differences Between Assigned Counsel, Public Defenders, and Private Counsel

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In a previous article, we mentioned that criminal defendants may have more than one choice available to them when it comes to legal representation in their Texas criminal law matter. Today, we’ll explore the similarities and differences between assigned counsel, public defenders, and private counsel. It is our hope that this article empowers you, the defendant, to make a well-informed decision about the type of legal representation that you choose for your Texas criminal law matter.

All attorneys who are in private practice in the State of Texas, as well as all attorneys who serve as assigned counsel or in public defenders must be licensed and insured. Attorneys are held to stringent licensing requirements and must continually educate themselves about the changing landscape of their profession. Licensing and insurance provide a means of assuring that attorneys who practice in Texas are qualified to provide competent representation for their clients. However, there are three critical differences that you’ll want to consider when deciding which type of legal representation you wish to pursue if public defender or assigned counsel services are available to you.

Cost is the first thing that comes to mind when many defendants realize that they need an attorney. Some defendants truly cannot afford to pay for the services of even the most reasonably priced private defense counsel. Fortunately, as we mentioned in our last blog post, these defendants do not have to navigate the criminal justice system on their own. Public defenders and assigned counsel are paid by the counties that they work for, not by the defendants themselves. Defendants must fill out an application if they want to find out whether they’re eligible for representation by a public defender or assigned counsel. It is possible that some defendants with limited financial resources could be deemed able to pay for their legal defense. Private counsel are paid by their clients. The fees charged by private counsel vary greatly and are based upon many factors, including experience and expertise.

Caseload is another factor that defendants must consider when deciding whether to pursue private representation or apply for the services of assigned counsel or a public defender. Private counsel often take pride in providing personalized attention to each of their clients, and they realize that providing quality legal representation takes time. Most private counsel manage their caseload carefully so that they can spend the amount of time in each client’s case that they feel it needs. In contrast, many assigned counsel and public defenders are given large caseloads. They are often unable to spend much time on each of their clients’ cases.

A third important distinction between private legal counsel and public defenders and assigned counsel is that defendants who hire private counsel to represent them have the freedom to choose their attorney. Defendants who obtain legal representation by assigned counsel or through a public defender’s office are unable to choose who will represent them in their Texas criminal law matter. They are represented by the attorney to whom the county sends their case.

The guarantee of legal counsel for indigent defendants that is provided by Gideon v. Wainwright is a vital component of obtaining justice for criminal defendants regardless of their ability to pay. However, not all attorneys can provide the same level of support to their clients. To learn more, call Texas criminal Defense Attorney Alex Tyra today,  at (903) 753-7499, or fill out a contact form on our website.