The advantages and disadvantages of a public defender

Before we dig into advantages and disadvantages of a public defender vs the attorney of your choice, it’s important to ask: is a public defender an option for your DUI case? In Oregon, public defenders (aka court-appointed attorneys) are assigned to criminal defendants that meet strict financial guidelines. The equation varies from county to county, but folks with full-time jobs frequently don’t qualify, and property ownership is taken into consideration as well. Unfortunately, there isn’t an opportunity to determine your eligibility until your first court appearance, and by that time, you have already missed some significant advantages of hiring the attorney of your choice. So, regardless of whether you think you will qualify, we recommend taking advantage of a free consultation with a law firm that specializes in DUI defense as soon as possible.

Advantages of Public Defenders

1. Easy on the bank account

A public defender, or court-appointed attorney, is an important safety net for those who need it. A judge determines if you are eligible and how much you are expected to contribute. Depending on your income and assets (and those of your spouse) you may get through your case without paying for legal representation. At Reynolds Defense Firm, we do everything we can to accommodate good people facing DUI charges, but if we can’t work with you, we do not want you to face the criminal justice system alone.

2. They know their court

Public defenders work with the same judges and prosecutors every day, giving them a chance to know their personalities better than an attorney that travels all over the state. By being deeply enmeshed in the quirks and preferences of specific courts, public defenders can use this knowledge to better know how to move forward with a case. Because Reynolds Defense Firm has a team of 8 attorneys covering the areas we serve, each RDF attorney knows the players and what to expect in the court or courts they focus on. This gives them a local advantage individually, but due to our collaborative team environment they also have the advantages of a wider perspective for what’s happening throughout the state.

Disadvantages of Public Defenders

1. The ability to make a personal connection

Public defenders tend to have a large number of clients at any given time, which can impose a one-size-fits-all approach. Reynolds Defense Firm attorneys are responsible for a much smaller caseload. What this means to you is that your RDF attorney has the time to take care of you, the time to get to know you personally, and the time to think through the best outcomes based on your specific needs and priorities. It also affords them the time to think outside the box and come up with alternative legal arguments and/or defenses instead of applying a one-size-fits-all process (the path of least resistance). The prosecutor, judge, and potentially the jury doesn’t know anything about you beyond what is written in the police reports, so it is up to your lawyer to provide the human side of the story. It’s very hard for them to do that effectively if they can’t take the time to get to know you. RDF’s goal is to present authentic reasons to the court why a few bad moments should not be allowed to define you.

2.  Specialization

A public defender might have any number of DUI cases, a couple of murders, burglary, kidnapping, drug charges, and a dozen other case types to juggle. For each one of those charges, there is a mountain of legal precedent and evolving case law involved in crafting a defense. Keeping up to date and fresh with all that knowledge is nearly impossible. At RDF, we handle only one type of case: Oregon DUI defense. Our lawyers are so well-versed in DUI law they teach other lawyers how to handle these cases. Our clients can rest easy knowing that their attorney lives on the cutting edge of DUI defense.

3. Delayed attorney access

If you are facing criminal prosecution for the first time, you probably have a lot of questions about what’s next, what’s possible, and what actions might be beneficial to your case. Unfortunately for people who have no other choice, Oregon’s public defense system is currently in a crisis, with defendants facing long delays to get legal help. While folks facing DUI charges can find some helpful, generalized tips in our FAQ pages, nothing compares to having your own dedicated legal team there to support you every step of the way and answer all of your questions. It doesn’t just make for a smoother ride however, early access to legal advice can make a significant difference in the outcome of your case.

4.  Your attorney’s reputation

Reputation is a word that you often hear attorneys and law firms throw around. What does it mean? It’s a history of being well prepared, offering crafted legal and emotionally grounded arguments, treating prosecutors and court staff with respect, and generally helping the process to work smoothly with preparation and professionalism. When attorneys show these qualities time and time again, that builds their reputation in a positive way. Similarly, when a law firm demonstrates these high standards for decades, it comes to mean something when that name is attached to a case. Of course, the opposite is also true. If your attorney shows up with a dozen disorganized files, having trouble keeping names and facts straight because they are overcommitted, that paints you as a defendant that is more likely to be back in trouble in the future.

5.  Your attorney’s exposure to multiple perspectives

Typically, public defenders only work in one court or jurisdiction, and if they are part of a firm, it is with a bunch of most-likely overwhelmed public defenders in that same jurisdiction. Our 8 RDF attorneys handle DUI cases throughout a variety of courts in Oregon, affording them a wider perspective on the handling of these cases than a public defender has easy access to. They also have previous experience as prosecutors, judges, and (yes) as public defenders, and all that diverse perspective comes to bear on every case we take on. Our team approach means that every client gets to benefit from our over 100 years of collective experience.

6.  Challenging your DMV suspension

Finally, if you’re facing consequences to your driver’s license because of Implied Consent law – if you have refused or failed a breath or blood test, that’s important. A public defender will not be able to help you with this problem. The DMV hearing related to your driver’s license suspension from a refusal or test failure is technically an administrative hearing, and not part of their contract with the state. If keeping your license is important to you, hiring a private attorney is your best chance at avoiding suspension.

In Summary:

Eligibility for a Public Defender

• Public defenders are available only to those who meet strict financial criteria, which vary by county.

• Eligibility is not determined until your first court appearance, which will delay potentially vital early legal guidance.

• It’s wise to schedule a free consultation with a DUI-focused law firm as early as possible.

Advantages of a Public Defender

• Low Cost: Public defenders may be free or low-cost depending on your income/assets.

• Familiarity with Local Courts: They often work with the same judges and prosecutors daily, giving them insight into local court dynamics.

Disadvantages of a Public Defender

• Limited Personal Connection: High caseloads may prevent them from developing a strong personal relationship or customized strategy.

• Lack of Specialization: They juggle many types of cases and may not have deep expertise in DUI law.

• Delayed Access: You can’t consult with a public defender until after your first court appearance, which could hurt your case.

• Reputation Matters: The quality and preparedness of your attorney can influence how you’re perceived by the court.

• Narrow Perspective: Public defenders usually work within a single jurisdiction and may not benefit from a broader legal outlook.

• DMV Suspension Help: Public defenders cannot represent you at DMV hearings, which are the only way to avoid initial license suspension.

Choose Reynolds Defense Firm

As highlighted above, choosing the right attorney is paramount when navigating a DUI arrest in Oregon, and our expertise can make a significant difference in the outcome of your case. While we hope you never need us, if you or someone you care about is arrested for a DUI in Oregon, please don’t hesitate to reach out to us. Reynolds Defense Firm – we’re solid, we’re here if you need us, and we are very good at what we do.