The Supreme Court ruled in 1973 that an indigent defendant, one who cannot afford a criminal defense attorney, has the right to counsel in all cases that could carry a sentence of imprisonment (http://justice.uaa.alaska.edu/forum/13/2summer1996/b_indigen.html).  However, criminal defendants who are entitled to a public defender will often find a way to pay for a criminal defense attorney.  The reason for this is that while public defenders may have an exceptional amount of experience in defending criminal cases, a private criminal attorney has more time and resources to put towards any individual client.  Is a private defense attorney worth the money?  A study conducted by Emory University suggests that it is. Economist Paul Rueben and trial judge Morris B. Hoffman examined all cases filed in Denver, Colorado and concluded that the average sentence of people represented by a public defender was three years longer than those represented by a private criminal lawyer (http://lawvibe.com/public-defenders-or-private-defense-lawyers-whos-better/).

No one understands the seriousness of a lack of adequate representation more than Jamie Ryan Weiss, a Georgia man charged with killing an elderly woman during a robbery.  Due to lack of appropriate funding, the two criminal defense lawyers with death penalty experience who were supposed to represent Mr. Weiss were replaced by public defenders who did not have the time or qualifications to defend a death penalty case.  The Georgia Supreme Court is in the process of deciding whether Mr. Weiss, who by Constitutional Law is entitled to a “vigorous defense,” will be entitled to a criminal lawyer with death penalty experience or if his case will stay in the public defense system.  Delays in the trial caused by this battle over representation have already caused Weiss to lose a key witness, his mother, who died during the setback.

Defendants are not always able to choose between a public defender and a private attorney because of lack of financial resources.  While Mr. Weiss’ case is an extreme example of the repercussions of inadequate defense, it highlights the importance of securing the best defense for yourself possible.   If you were on trial, what would be your choice?

For more information regarding Mr. Weiss’ case go to: http://www.nytimes.com/2010/03/26/us/26georgia.html

While the Eaton’s were large-scale thieves, petty theft often occurs on a much smaller scale.  An experienced petty theft attorney can often reduce a first offense to an infraction, therefore avoiding a criminal record, or fight for alternative sentencing such as rehabilitation classes instead of jail time. 

Our criminal defense lawyers believe that petty theft is a matter of impulse control. For example, Mr. Eaton explained that he started shoplifting due to tough financial times and a need to make a little extra money but then continued to shoplift more and more.  Experts believe that shoplifting is a psychological problem often associated with depression or low self esteem.  What is more debated is what percentage of shoplifters suffer from kleptomania, a mental disorder characterized by being unable to resist stealing objects that are not for personal use or monetary gain (preventshoplifting.org).  Most studies agree that only a small percentage of shoplifters are kleptomaniacs.  While Doctor Phil proclaimed that the Eaton’s criminal actions were not a result of kleptomania and accused Mr. Eaton of nothing less than laziness and a lack of desire to find lawful employment, it is clear that petty theft occurs for many different reasons.  The most important moral of this story is that petty theft is a crime, and should be discussed with a criminal attorney before the media. 

http://www.msnbc.msn.com/id/35993960/

Most criminals are known for being remorseless individuals with no sense of right or wrong. This story illustrates a different perspective of a criminal’s prominent image. Criminals don’t always commit crimes because they are evil or don’t have the intelligence to understand the importance of obeying the law. This Walnut Creek, Robin Hood might have committed robbery to help his family in these tough financial times. Or, maybe he is your next door neighbor who just lost his job, and can’t support his family anymore. I’m not saying that what he did was correct or if he is found that he should not be convicted of the crime he committed, but we should definitely take a closer look at the incentives and social factors that drive people to commit crimes. Criminal defense lawyers or robbery lawyers have a duty to look into these things and present them to the court. The criminal attorney may not be trying to prove the defendant’s innocence; however he/she is simply trying to show the court that the defendant was in a difficult predicament in his/her life and made a horrible decision as a result.