Let's start with the most obvious advantage: a public defender is free. A public defender's job is to offer legal representation to individuals who cannot afford it. If you are impoverished, the court will appoint an attorney to represent you in court. The state, on the other hand, expects you to pay for your counsel if you have enough money. Second, public defenders have daily interactions with the same courts and prosecutors. When it comes to negotiating a plea deal, public defenders' contacts with judges and prosecutors can be advantageous. It could be a con if you are innocent and have no interest in pleading guilty. Public defenders are knowledgeable about a wide range of criminal matters and have typically worked on them. They work with prosecutors on a regular basis and may have a better relationship with them, which could assist them to reach a plea agreement. Another downside of having a public defender is that the client does not get to choose his or her attorney. The lawyer is chosen by the court. If the client's current public defender is unable to meet the needs of the client, finding a new one may be tough.
The cost of engaging a private attorney is the only disadvantage. In life, though, you frequently get what you pay for. When it comes to money, the difference between a public defender and a private attorney is vast. Your private attorney's fee will be determined by the type of charges and the amount of work he or she anticipates to do. The most serious issue that public defender faces are their caseload. Our legal system does not always function as planned due to the number of public defenders being far lower than it should be, each attorney is forced to take on a tremendous caseload. On average, a public defender has 25% less time to devote to a case than is required to do a full investigation. Except on the day of your trial, it's difficult to contact your court-appointed attorney. The availability of a private attorney is the first benefit of employing one. A good criminal defense attorney will not only be available whenever you need them, but they will also have a team of people who can assist you if they are unable to do so at any particular time. Having greater resources available to them will almost always result in a better conclusion in your case. This enables a private lawyer to identify flaws in the prosecution's case that could lead to the case being dropped or the charges being reduced. Second, a private attorney's caseload is substantially smaller. Lawyers will not take on more cases than their staff is capable of handling. After all, it is their company that is at stake. A significant distinction between a public defender and a private counsel is that a lawyer's business will suffer if he or she does a poor job. In contrast to public defenders, who may be difficult to reach, private lawyers can be reached at their offices or over the phone. Another advantage of hiring a private lawyer is having additional defense options. Because the defendant is paying for legal services, a lawyer can use expert witnesses or private laboratories to support their case. The benefits of employing a private lawyer, on the other hand, frequently outweigh the disadvantage of having to pay for his or her services.
Public Defender in UAE
The first public defenders' office in the UAE will give free legal assistance to anyone charged of a criminal offense in a Dubai court who cannot afford a lawyer. The Community Development Authority (CDA) 2012 of the emirate will put up the new service.
An accused person does not have an automatic right to a lawyer unless the case involves the possibility of a life sentence or execution. Those facing sentences of three to fifteen years in jail can request a court-appointed lawyer, but there is a lengthy approval process.
The Abu Dhabi Judicial Department (ADJD) provides free legal assistance to the underprivileged and needy, guiding them lawfully and impartially to ensure that they have simple access to justice. Advocacy services, expert fee settlement, and newspaper notice publication are among the services provided. The assistance is granted depending on particular eligibility requirements, such as the severity of the case and the income of the other party.