It’s important to be aware of the potential risks associated with using a public defender. Most public defenders are assigned several cases at once, meaning their focus might not be on just your case. Also, since the defense counsel isn’t chosen by you and isn’t solely depended on you, they may lack the same stake in the case that a private DUI defense attorney – like Sal Bazaz – would have. That can mean important evidence is not included in your defense, and other options the counsel might rely on, such as plea deals, might not be what you want to do.

1. Heavy Case Load: Public defenders are typically assigned too many cases; as such, the public defender may not be able to give the case sufficient time and attention.

Public defenders often carry a high caseload which can cause them to be unable to dedicate the necessary time and resources to each case, thereby compromising the due process rights of their clients. This can leave clients without the level of attention and thoroughness that their cases needs and deserves. It is important to be aware that public defenders often feel the effects of caseloads, and assess if that is a risk you are willing to assume when selecting representation for your DUI case.

2. Inexperience: Public defenders may not have the experience, capital resources or specialized knowledge to effectively represent an individual with a DUI case.

Public defenders are critical to providing legal representation to those of limited resources, however they may not have the experience, capital resources or specialized knowledge to effectively represent an individual with a DUI case. Without access to comprehensive resources, a public defender might not holistically cover issues that can arise during a DUI case, such as the many technical, scientific, and legal aspects involved. For this reason, it is critical for those facing a DUI charge to seek the assistance of an experienced, adequately funded DUI attorney to ensure their rights are fully represented and to ensure the outcome of the case is as favorable as possible.

3. Resource Restraints: Public defenders typically cannot provide investigative resources or an expert legal team.

Though public defenders are incredibly committed to their cause and provide essential representation to those in need, they are often unable to provide the same resources to their clients as a private attorney might. Public defenders must represent their clients within the constraints of a limited budget, meaning they cannot provide the level of service that private attorneys may. These resources often include investigative resources or an expert legal team to assist in case preparation. As a result, they may be limited in their ability to investigate complex cases or exhaust all possible legal strategies.

4. Limited options for pleas: Public defenders may have limited options to make deals with prosecutors, as their superiors strictly control those decisions.

Public defenders play an important role in the judicial system acting as a defense against unfair prosecution. However, they may find themselves limited in negotiations with prosecutors, as decisions regarding plea deals require approval from the public defender's superiors. This allows for strict control over the deals that are made, which can be beneficial in ensuring the rights of those accused are respected, while also allowing cases to be heard promptly without ending in lengthy, expensive trials.

5. Impersonal Defense: Public defenders usually are not available to consult with an individual prior to the trial.

Public defenders provide important legal defense to individuals who cannot afford a private attorney. It is important to note that these services are limited to representation in court hearings, with public defenders generally not available for consultation prior to the trial. In such cases, individuals may be able to seek out alternative legal representation to assist with their case.

6. Potential Bias: Public defenders must work within a system that is biased towards the prosecution. This can harm the client’s case, as they will not be getting an unbiased perspective.

Public defenders must work within a system where there is an inherent bias towards prosecution. This inherent imbalance of power can put public defenders at a disadvantage when it comes to providing their clients with an unbiased and fair defense. Difficulties created by this unfair system can include things like inadequate resources limited access to experts, and delays in proceedings that can be detrimental to the client’s case, leading to worse outcomes for them.