What is a "Withheld Judgment" in Idaho?

PUBLIC DEFENDERS V. PRIVATE ATTORNEY

CONFRONTING THE PUBLIC PRETENDER MINDSET

If you hang around convicts, courthouses, or County Jail's enough you'll hear the term "public pretender" to describe county Public Defenders. As a former Public Defender I can tell you that this language is hurtful and derogatory if you are doing your job.

This term gives the wrong impression about Public Defenders. It implies that Public Defenders only "pretend" to represent people. Logically that refers to them working on the same side as the prosecutor. In most cases, that cannot be further from the truth. Public Defenders work as hard, if not harder, in some cases for their clients as a Private Attorney. They have their battles with the Prosecutors on a daily basis, so they may appear to be more friendly with them, I can assure you its not a friendly relationship. 

I have heard many people say, "the Prosecutor and the Public Defender want the same thing." That is partially true. They both want to resolve the case. The difference between them being that the Public Defender is doing what is in your best interest. Likewise, some people believe that they get paid by the same person so they want to resolve the case in the best interest of the county rather than in your best interest. That is true, the checks come from the same place, but Public Defenders have a fiduciary responsibility to represent their clients best interest and no one elses, that includes the County. So...most of the time, expense is a forethought. 

The last misconception about Public Defenders is that they are not real attorneys. They are attorneys. They passed the bar exam. Many of them passed the bar exam and were ranked higher than other attorneys in private firms. And it is more likely that Public Defender has more experience than that private attorney you hired. So all things being equal that is just a myth. Remember you cannot practice law without a law licence, so even public defenders are attorneys.   

WHATS THE DIFFERENCE THEN? 

So if a Public Defender and a Private Attorney are both lawyers....whats the difference? Well one obvious difference is one is appointed and the other is not. That means, a Public Defender is appointed by the Court. The Defender has no choice who he gets to represent. In addition, the person being represented has no choice but to go with the Public Defender. Obviously, personality conflicts arise, and in that case you want to go with a private attorney. 

In addition, time is the biggest difference. A private attorney has more time to spend on your case and communicate with you. Sometimes a Public Defender may only meet with you twice, once when you are at a Pre-trial Conference. The next is the day of trial. You may not even hear from them in between. 

On the other hand, a Private Attorney earns his bread and butter from DUI's, Drug Cases, and other cases which people want communication and direction. He usually works in a small office and has alot of time to spend on your case. He can explore the legal defenses you might have in a better fashion.

You can find some interesting statistics here: https://www.chadbanklaw.com/public-defender-vs-private-attorney/ 

WHICH ONE IS RIGHT FOR MY CASE?

That Depends largely on your preference, income, and the facts of your case. First your preference, if you are a person that likes to be informed, and know whats going on, then the Public Defenders Office may not be your best bet. If you want to be kept in the loop, suggest things to your attorney, and have meaningful conversations with him then the Private Attorney is for you. 

Secondly, you may want the free Public Defender but may not qualify for it. You have to be considered indigent first. Meaning your assets cannot exceed a certain point. In short if you make too much, you cannot have a Public Defender. The Court will not appoint one, you will have to find a Private Attorney to take your case. 

Last, the facts of the case. If you have a legal defense, suppression issue, or just really good facts, you want to contact a Private Attorney. If the Public Defender is handling the case, he might miss it or not have time to explore those issues. Its been my experience that in these types of cases you want to go with a private attorney. 

HOW IT USUALLY WORKS FOR A PRIVATE ATTORNEY

A private attorney can choose to take your case or not. You must have a meeting explaining your case and allow the attorney to take the case or refuse it. After an acceptance you will sign an agreement to pay the attorney what he expects to be paid. Often this is an up front retainer. Then representation should be rather straightforward. 

HOW IT USUALLY WORKS FOR A PUBLIC DEFENDER

At the appropriate point, the Defendant has to ask for the Public Defender. After asking for the Public Defender the Court sees if you first financially qualify. After you qualify then the Court appoints someone to represent you. You must call the Public Defenders Office to see who represents you. Then you can meet them in Court. Usually they will shout your name. 

For more information you can read here: https://www.avvo.com/legal-guides/ugc/hiring-a-private-attorney-or-going-with-the-public-defender-pd

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