A public defender is a licensed attorney who is appointed by the government to represent individuals who are facing criminal charges and cannot afford to hire a private attorney. Public defenders are familiar with the legal system and are tasked with ensuring that defendants are not denied their right to legal representation, as provided under the Sixth Amendment to the Constitution. They are employed by or under contract with county, state, or federal governments and provide legal representation to indigent criminal defendants).
Key points about public defenders include:
- They are appointed by the courts and provided by the state or federal governments to represent and advise those who cannot afford to hire a private attorney).
- Public defenders handle various aspects of legal representation, including pretrial proceedings, negotiating plea deals with prosecutors, representing clients at trials, and handling post-conviction matters such as appeals and habeas corpus petitions.
- The appointment of a public defender is typically handled by the judge, and individuals generally do not have the right to choose their own public defender.
- Public defenders are part of the criminal legal aid system and work to ensure that individuals have access to legal representation, regardless of their financial situation.
In summary, a public defender plays a crucial role in providing legal representation to individuals who cannot afford to hire a private attorney, ensuring that they have access to fair and competent legal defense.
