Public Defender vs Private Attorney in Massachusetts

What sets a private attorney apart from public defenders?

When charged with a crime, an individual must make one of the most important choices of their life: whom they will select to represent them in their criminal case. Due to financial constraints, some individuals are automatically defaulted into working with a public defender. The attorneys that work for the Commonwealth and represent the indigent defendants are generally very overwhelmed with the number of cases they must handle at any given time. While these individuals genuinely want to do a good job for all of their clients, the logistics of managing a high caseload makes it difficult to devote the time and attention necessary to each specific case. Furthermore, in some instances the lawyers representing Indigent defendants are newer or fresh out of Law School. Again, even if they have the best intentions these lawyers are not always well versed in the intricacies of the criminal defense practice that may prove critical in your case.

If you or your loved one is in a position to hire an attorney, that does not mean that simply hiring a private attorney will get you a better result. Many people have fallen prey to unscrupulous lawyers, who either implicitly or explicitly make it seem as if paying their fee will make the case go away. That is not accurate at all. A good private criminal defense attorney does not have access to some other justice system.  Rather they should be in a position based on their level of experience, and their ability to devote the appropriate amount of time to each case, be able to craft and formulate a thoughtful and cogent defense for each client they represent. Furthermore they should not have too many clients at any given time, as even the smartest and most capable of attorney cannot be in two or three places at once.

When embarking upon the difficult task of finding the right criminal defense attorney, cost should not be the only guiding factor. First, it is very important that a client feel comfortable with their attorney. Comfort can come in many forms. It can come in the form of an ability to easily reach that attorney, an ability to openly discuss the case with that attorney, and a confidence that comes from watching that attorney perform in court. Unfortunately, most clients do not have the luxury of witnessing their potential attorney perform in court first-hand prior to hiring them. The next best substitute is to try and find others who have had that first-hand experience and are willing to share their opinion. In some cases individuals may be able to get direct referrals from friends or colleagues, but the reality is that many people are too embarrassed or shy to share the fact that they ever needed to use a criminal defense attorney. Therefore, as with all things in the age of the internet, it is possible to find reviews online on websites such as a AVVO and other pages, which contain unbiased and sometimes very detailed reviews of the work that the criminal defense lawyer performed for a client.

Another important characteristic to evaluate is how a potential attorney presents him or herself in the initial meeting. While a good presentation behind a desk does not always equate to a good presentation in a courtroom, there are certain traits that can be exhibited in both settings. For example, if a potential lawyer has a problem looking you in the eye, is perpetually distracted, or just seems disinterested in your story, these are not good signs that the lawyer will be any different in court. On the other hand, if you can feel a real connection with your potential lawyer right from the start, then it is fair to assume that potential jurors may feel the same way.

Hiring the right lawyer is both a financial and an intellectual challenge. However, an appropriate and thoughtful investment of your money and your time can pay off handsomely in the long run. If you feel that your case would be best served by hiring a lawyer who understands both your needs and the ins and outs of the criminal justice system, please give Rakhlin Law a call at 617-564-0466.