Comments about Public Defenders

*****Warning this video does contain some explicit language*****

This appeared on HBO on September 13, 2015.  The fake news broadcaster editorializes about public defenders, and this clip has been seen by over 8 million viewers.

Caseloads of public defenders are very high.  They generally handle about ten times the volume of cases of private attorneys.

In some places, local attorneys bid on the ability to handle public defender contracts.  In all jurisdictions, there are "conflict public defenders" who are not working in the local public defender's office, who handle cases in which several people are accused of acting together to commit a crime.  Local attorneys also bid on these contracts, and the pay for this work is very low.  One Idaho Falls conflict attorney said he figured that with the time he spent on this work, and the pay he received, he was getting about $4.00 per hour for this work.

I'm thinking he might be going on strike to demand a living wage for his work.

 It is true the vast majority of cases "plead out" and do not go to trial.  However, that is not necessarily because the lawyer is not doing his job.  In most cases it is because the facts are clear that the defendant is guilty, and the lawyer has struck an agreement to reduce the charges and get a favorable sentence in exchange for a guilty plea, instead of going to trial on the original charge, getting convicted and having a higher sentence.  Example:  defendant is charged with sellling a small amount of cocaine, a felony requiring a minimum of 3 years in prison.  Witnesses saw the sale, and the defendant's voice is recorded negotiating the sale.  Defense counsel proposes an agreement to reduce the charge to felony possession of cocaine, an offense that carries no minimum sentence, with an agreement the prosecutor will request 90 days of local jail time and then suspend the balance of the sentence and place the defendant on probation.  That deal is far, far better than taking the case to trial, so do not assume a defendant is getting screwed when his lawyer gets this kind of a deal for his client.

When the graphic states "90-95% end in guilty pleas," more must be said.  First, criminal defense cases generally fit into two categories: "Exoneration" cases, in which the best thing an attorney can do for the client is take the case to trial and establish the client is "not guilty," and "damage control" cases, in which the client is guilty, he acknowledges he is guilty, and wishes to get through the process with the least amount of damage.  A "damage control" case will generally end up in a client pleading "guilty," but upon terms that are far less onerous than what the client initially faced.

 Is it true that some people plead "guilty" to charges when they are in fact innocent?  Yes.  Some do so to avoid the expense of trial.  With a public defender, cost is not supposed to be an issue, and the client always has the right to nix a proposed deal.  However, if the client has a choice between going to trial on a felony and risking mandatory prison time, vs. pleading guilty to something else and avoiding prison altogether, often the client opts for the plea.

It was not the fault of the public defender that the homeless lady, Irma, in this story pled to an offense and got 5 years of probation.  There is a risk in everything we do, and in every plea deal.  If there are several co-conspirators, and you plead first, you will probably get a better deal.  Irma pled, and thereafter her co-defendants got lucky when the prosecution fell apart.  If the co-defendants had not been so lucky, they might have all been convicted and sentenced to long prison terms, while Irma was free.  However, Irma might be entitled to "post conviction relief" if the charges against the others were dropped, but that is another matter.

As to 40% of all county-based public defender offices having no investigators on staff, that may be true.  That may be true, but most cases do not require the services of an investigator.  It is conceivable that in the event a defendant cannot have a fair trial in the absence of hiring an investigator, the public defender could petition the court to order the county pay for an investigator.

As to the public defender who tatoos his losses on his back, that is not something I would do, but the attitude is sure correct and admirable.

As to the judge who literally picked a fight with a public defender, I would not be surprised if he gets removed from the bench for this.

It is true that defendants in most states get billed for using a public defender.  That is a cost taxed to them if they plead "guilty" to an offense.  In Idaho, I don't believe the judge can tax that cost to them if they are found "not guilty."  The difference between having a private attorney and a public defender is this: the public defender bill will be much less than that of a private attorney, and a private attorney will generally not work for you until he is paid.  The public defender will work for you once he is appointed, and he will let someone else work out the billing details later.


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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    

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