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

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.

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