Good representation is of utmost importance to a criminal case, and could change an outcome and affect sentencing.  In criminal defense matters, one may have the choice of being represented by a public defender, a criminal attorney appointed by the government to represent those who cannot afford to hire a lawyer, or a private criminal defense attorney.  Is choosing a criminal defense lawyer a case of you get what you pay for?

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