Understanding the Role of Public Defenders
Is a public defender a real attorney? Hi, my name is Carl Birkhead. I’m a Tulsa criminal attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to help you make law easy by just talking a little bit about what a public defender is and how they might be able to help you.
So, first off, yes, a public defender is absolutely a real attorney. They went to law school, they took the bar, they passed the bar, they got the shiny bar card with the number on it, same as I do, same as every other lawyer in the state does. The difference is that a PD isn’t someone that you just go up to, you hand them $3,000, and they take your case.
How Public Defenders Are Appointed
You need to be able to show the court that you’re not able to afford an attorney, and then the court will appoint a public defender to represent you. So, as opposed to situations where if you’re trying to private hire counsel, you go to their office, sit down with them, interview them, vet them a bit to see if you feel like they’re a good fit for you and you feel like they’re going to be a good representation, a public defender doesn’t work like that.
How it happens is they’re only available to be appointed to you in certain situations. If it’s a criminal matter, if it’s a DHS matter, if it’s something where your parental rights are going to be taken away, things like that, then you can maybe be eligible for a public defender, but you have to show that you’re indigent.
The Importance of Demonstrating Financial Need
You have to show that based on what you’re bringing in versus what you’ve got going out, you just cannot afford to hire a private attorney, and you need someone to be appointed for you. This is why whenever people get arrested on TV, you always hear, “You have the right to remain silent, anything you say can and will be used against you.”
You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you. That’s who these are. These are the ones who will be appointed for you in those situations. So yes, they’re real attorneys. They’ve gone through the same education and training as every other lawyer. The only difference is you don’t pick them, you’re appointed them.
Call for a Strategy Session
If you have questions about this, absolutely give us a call. My name is Carl Birkhead. I’m a Tulsa misdemeanor attorney with Wirth Law Office, and I want to help you make law easy. Reach out today at 918-879-1681 for a low-cost initial strategy session to discuss your needs and concerns. Thank you.
