Houston, TX asked in Criminal Law and Legal Malpractice for Texas

Q: Do public defenders/court appointed attorneys have “permission” to act the same as a hired attorney?

I was once charged with a crime and hired a lawyer who advocated strongly and fiercely on my behalf. Dismantled my case and got it dismissed. Filed motions, held hearings, called witnesses, the whole 9 yards.

I know that’s what I paid for, but are court appointed attorneys/public defenders allowed to do all that? I ask because it appears to me that the non hired attorneys tend to not care and just plea bargain their way through the day, with the least amount of effort possible.

Is this because they’re overworked and stretched too thin? Or are they only allowed to plea bargain and are not allowed to do what the “big buck” attorneys do.

I guess I’m asking since my hired attorney was paid by me, he fought with all his might to fight my case. Do the non hired attorneys, since they’re paid by the government, have to plea baragin their way of through the day? Could one, if they cared enough and had the time, fight as fiercely as my attorney? Or is that not allowed?

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: A court-appointed attorney or public defender can and should represent a defendant with the same zeal using the same legal procedures that a retained privately paid attorney uses.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.