Are Public Defenders Actually Free? A Former Prosecutor Explains The Shocking Truth! (2023)

Are Public Defenders Actually Free? A Former Prosecutor Explains The Shocking Truth! (2023)

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Public Defenders Are Free – Right?

Not Always!

It is shocking to realize that, without warning or option, a public defender can turn in a bill for thousands of dollars to the county for legal representation and a court can require them to pay it, regardless of the fact that you are supposed to receive counsel as a right under the U.S. Constitution.

In North Texas, it is common for judges to force defendants to pay for their court-appointed attorneys legal fees as a condition of probation. Additionally, judges can decide to assess public defender fees as costs to the accused upon completion of their case. It happens every day. A citizen is standing in front of the judge working out their criminal case and a judge informs them that they are going to be required to pay the entire amount of their public defender's legal bill as a requirement to maintain freedom on their sentence. How does this work?

Judges can make you pay for the court appointed attorneys costs as a condition of probation or assessed in costs to the client and if the client fails to pay these fees, the judge will consider this a violation of a term and condition of probation. In fact, this can result in a warrant being issued for your arrest - for failing to pay your public defender's legal bill!!

What if you are sentenced with a public defender and you can't afford to pay the legal bill as part of your sentence? If your requirement to pay was based upon a condition of your probation, the good news is that the judge can not send you to prison based solely upon your failure to pay the public defender's legal bill. Why? Because the prosecutor will be required to prove that you had the ability to pay but chose not to - virtually impossible. However, this can become complicated if you have other possible violations the State can use against you at your probation revocation hearing. I have personally seen situations where someone is being sentenced to prison on a probation revocation because the couldn't pay their court-appointed attorneys fees and another minor violation. This can be a dangerous situation!

How do you avoid this fate? First, be aware of this possibility with a court appointed attorney. If at all possible, hire a criminal lawyer that will fight to obtain you a favorable result on your case. However, if you cannot afford an attorney, make sure you are clear about whether payment of public defender fees will be required from you as a condition of your probation or a court cost assessed by the judge. If you don't ask, there is a chance you will be facing a surprise!

If you are facing a case in the North Texas area, don't hesitate to call our office!

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00:00 Are Public Defenders Actually Free?
00:33 What Choices Do You Have If You Got Charged For A Crime Wrongfully?
01:11 Is There An Instance When You Have To Pay For Court Appointed Attorney?
02:39 Why Does The Judge Make You Pay For Your Appointed Attorney?
03:11 What Happens If You Fail To Pay Your Court Appointed Fees?
04:12 What If You Can't Afford To Pay The Court Appointed Fees?

Видео Are Public Defenders Actually Free? A Former Prosecutor Explains The Shocking Truth! (2023) канала Hampton Law