Victimized By the Court's Appointed Counsel
When working with a court appointed lawyer you need to research and follow up on guidelines that carry with your charge. You have to learn how the court system works. Lawyers that are hired by the court to represent the low and middle-income people are lazy in doing their job. There are many reasons why court appointed lawyers don't do their best for their clients involving the court cases.
Pretrial court is usually within a week from the date that you committed the offense. Did you know that if you can't afford a lawyer, the court would appoint you one? It is the law that you have to be represented by a lawyer during the time of your trial unless you sign a waiver to not have a lawyer at all.
People are represented in court by two kinds of lawyers, court-appointed lawyers and public defenders, which mean "hired lawyers" (Green, 2001). People that have higher income can hire their own lawyers. The lower and middle-income people are mainly the ones who rely on court appointed lawyers. These people don't have the money to hire a lawyer. Court appointed lawyers are not working in your best interest for many reasons.
Salary is one reason why court appointed lawyers don't go up and beyond their call of duty for their clients. Studies show on an average, people will be sentenced harder or longer if he/she is represented by a court-appointed lawyer rather than a public defender (Green, 2001). Court-appointed lawyers are paid by the state on a case-by-case basis. Court appointed counsel's paycheck varies by offense. The defense counsel will typically only be paid 112.00 to 326.00 for normal lower class cases. Felony punishment by more than twenty years in prison can give up to 1,196.00 for the court appointed lawyer (Green, 2001). Public defenders or "hired lawyers" are salaried state employees. If you hire a lawyer they usually charge about 55.00 an hour during court for their work and 75.00 an hour for out of court (Green, 2001). The figures show clearly the wide range of difference between the incomes of each type of lawyer. Court appointed lawyers will not work more then what their pay will allow them.
At his trial Gideon could not afford a lawyer, so he asked the judge to appoint him one, Gideon argued that the Court should appoint him one because the Sixth Amendment says that everyone is entitled to a lawyer. The judge turned down his request, saying that the state did not have to pay a poor person's legal defense unless he was charged with a capital crime or that "special circumstances" existed. Gideon was left to represent himself in court.
It has been 50 years since the Gideon v. Wainwright case. From a drifter, to a petty criminal, to the Supreme Court, Gideon opened doors for the poor man in the system. Because of this case, indigent defendants have access to legal counsel (public defenders), if they prove they cannot afford an attorney on their own.
The job of a criminal lawyer is quite difficult. Whether on the defense or the prosecution, you must work diligently and swiftly in order to persuade the jury. Some lawyers play dirty and try to get their client off of the hook even though they are guilty without a doubt. Even though the evidence is all there, the prosecution sometimes just can’t get the one last piece of the puzzle to make the case stick and lock the criminal up. Such is the case Orenthal James Simpson.
He requested that the court appoint him counsel in which he was denied due to the state of Florida only appointing counsel to indigent individuals being charged with capital offenses or individuals who were illiterate. With no knowledge or experience in criminal law, Clarence Gideon was forced to defend himself against the court’s prosecutor.
Now, this brings into question if public defenders are ethically competent to represent their client in court with such a workload. The Supreme Court states that if the criminal defense attorney does not review each lawsuit they receive with sufficient time and resources dedicated to each client “then both the system and the attorney are in breach of their ethical and constitutional obligations to that defendant” (Mosher). In other words, the lawyer assigned is not allowed to handle a case if they are forced to spend more time on one over the others
The criminal justice system, like any system designed by human beings, clearly has its flaws. (Ben Whishaw). There has been numerous occasions that have showed the flaws of our justice ststem from convicting a person of a crime in ehich they did not commit, to the wrongfull execution of an innoncent person. Although the United States justice system was created to serve and protect the American people being fair to all, it continues to show evidence of the flaws within the system.
A common theme in the show involves portraying lawyers as individuals who abuse their authority in order to further their own interests. This theme emphasizes the role of the lawyer as someone above ‘normal’ or ordinary people. As the quote in the title suggests, the lawyers in Suits are depicted as a different kind of people who are entitled to act in certain ways. For example, in the first few episodes I analyzed (from seasons one and two) the main character, Mike Ross, was initially taken advantage of by the other lawyers. While watching the later episodes (season 3-5), I can clearly see the progression of Mike as he changes from a relatively ‘normal’ person to a lawyer that takes an active role in abusing his position at the firm. This
Criminal defence lawyers understand certain aspects of the law that can work to your benefit, and they can utilise such knowledge to support your case. Their reputation is also impacted by your court case, therefore, they will go above and beyond to ensure positive outcomes.
...e or bring to trial the suspect before 96 hours". This also requires a lawyer be given to the defendant before a maximum of 7 days is reached.
Even though the Rule of Law implies that everyone should be entitled to have access to the courts and legal advice, not too much imagination is needed to understand that access to justice has always been reserved for those more well off (or, at least, access to the right kind of advice). There have always been plenty of obstacles in the way of people’s access to legal advice: lack of money and knowledge, a negative attitude towards solicitors, segregated societies etc. Even though help is always available in some form, many citizens choose to do nothing and drop their claims, hoping that their legal issues will disappear on their own. Money is undoubtedly the most common reason for people being denied access to justice. It is for this reason that (since the law is supposed to be just and equitable towards everyone) governments are generally trying to help pay for those less privileged in the form of various types of legal aid.
Many cases will often be drug out and about in the courtroom for a long time. Making the best choice is vital if you'll avoid long court
Solicitors also represent their clients in court, mostly the lower courts; but some have advocac... ... middle of paper ... ...to prepare the case and follow it through to the end. Good work has often been done by solicitors, only to see the case badly argued by a barrister in court. This is because he is too remote from the issues and often does not come into the case until the last moment. NOTE:
First, defense lawyers generally work under conditions that allow for them to bill for their employment by the hour and work an average of 1800 hours per year. This means their pay is not contingent on whether or not they happen to win a case, so they are paid by their clients
“Lawyers interpret the law through actions and words for the protection of an individual, a business concern or an idea” (What Is a Lawyer). Basically, lawyers are speakers for clients who are sent to court or fighting the accusations. They represent and support their clients to find a solution that may benefit them. In order to fulfill their responsibilities, understanding the penal code and researching play a major role. Additionally, maintaining a good relationship with your clients is a top priority. Most importantly, it summarizes the lawyer-client relationship. “Your task as the attorney is to use your skills and understanding of the law to support their cases” (What Is a Lawyer). An attorney must do an enormous amount of research to be able to support their claims and defend their client. Lawyers do not know everything, so that’s where traveling and researching come in to play. Their job is based on the amount of time researching for defenses and information that could be applied to the client. “As advocates, they represent one of the parties in criminal or civil trials by presenting evidence and arguing in support of their client” (U.S Bureau of Labor Statistics). Most attorneys work in the criminal or civil case law. In civil law they defend their client in a private matter that deals with custody, money, divorce, and property. In criminal law, they either prosecute the
Court trials are another case in point of money changing everything. Only the wealthy are able to meet the expense of a very good team of lawyers. An average individual would lack the resources and income necessary for a strong adva...