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.

How do you think it would feel to be accused of a crime that you did not commit? You would likely be outraged at the accusation. You could feel hopeless like there’s nothing you can do to change the course of the things that are happening to you. You are likely to be concerned about the consequences that could come upon your family. You would be afraid that you would be convicted despite your innocence. You could feel confused, or paralyzed for fear, or desperate to do something, anything, to fight for your freedom. Unfortunately, wrongful accusations do happen, and they sometimes even lead to wrongful convictions. Today, I’d like to discuss what you can do to prevent a wrongful conviction. I’ll also share some information about why it is vital that you not give up hope if you have already been wrongfully convicted.

If you are accused of a crime that you did not commit, do not let fear or confusion prevent you from taking action immediately. Seek the assistance of a Texas criminal defense attorney. Your attorney understands the criminal defense process and can develop a strategy tailored to the particulars of your case. Texas criminal defense attorneys are often able to prevent convictions in cases where the defendant is wrongfully accused of a crime. Unfortunately, despite the valiant efforts of defense attorneys in Texas and across America, wrongful convictions continue to be obtained by prosecutors across the nation.

Those who are wrongfully convicted must not ever give up the hope that their wrongful conviction will be overturned and they will be exonerated. Sometimes, wrongful convictions are overturned soon after they are obtained. However, it sometimes takes years of waiting, hoping, and persevering in the pursuit of justice before exoneration of a wrongfully convicted individual occurs.

Exonerations are on the rise across America. Texas has obtained the highest number of exonerations in America over the past thirty years. Texas’s top ranking is not strictly a matter of population, because the exoneration numbers do not correlate with state population numbers. California has the highest population in the nation, yet it ranks fourth on the list of states with the most exonerations. Illinois has the second-highest number of exonerations despite its much smaller population.

One of the driving forces in the increase in exonerations is the availability of DNA testing, and it’s coming into widespread use. There are also social factors behind the rise in exonerations. As the public has learned more about the problem of wrongful conviction and the devastating impact it has on the wrongfully convicted and their families; society is increasing its demands for justice. Advocacy for those who believe that they were erroneously convicted has increased in quality and has attracted the effort and attention of some of the nation’s top criminal defense attorneys. Communities are also demanding more accountability from prosecutors, insisting on high-quality evidence and witnesses. Consequently, there is more hope now than ever for those who have been wrongfully convicted.

If you are accused of a crime in Texas, you must take immediate action to protect your rights. The consequences of a conviction can have harsh, lasting effects on your life and the lives of those who are close to you. Align yourself with a Texas criminal defense attorney right away, and begin taking steps towards a 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.