PLEASE WATCH #HABERPA'S VIDEOFAQ # 404) Should I hire a Private Lawyer or use the Public Defender? - https://youtu.be/IvSn1aPXD4g
This Blog Post is intended to serve three purposes: First and foremost it's a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information), it's part of the rollout of the latest batch of #HaberPA's VideoFAQs highlighting 404) Should I hire a Private Lawyer or use the PD? - https://youtu.be/IvSn1aPXD4g and it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel). Disclosures complete let's get to it:
- The PSA: #HaberPA's VideoFAQ # 404 explains why you don't have a choice between hiring private Criminal Defense Counsel or being appointed a Public Defender.
Thanks for asking me “Should I hire a Private Lawyer or use the PD?”
Simply stated: You don’t have a choice.
Either you can afford to hire a private lawyer - in which case the law requires that you do so - or you can’t afford to hire a private lawyer - in which case the law requires that one be appointed by the Court.
Only those folks who can’t afford to hire counsel - “can’t” meaning that they’re indigent and “indigent” means that they’re sufficiently poor, impoverished and don’t have access to the money to a hire a private lawyer - are entitled to Court Appointed Counsel.
The determination is made at Arraignment (which is the first court appearance after you’re released from booking or given a PTA / NTA and when charges are formally filed). If you show up at your Arraignment without a lawyer then the Judge should, either or both, have you fill out a financial disclosure form, swear you in and ask you about your finances so that s/he can determine whether or not you have THE ABILITY - NOT THE DESIRE - to hire counsel.
If you’re declared indigent then the Court will provide you with a lawyer, be it a Public Defender, Regional Counsel or other form of Court Appointed Counsel. On the other hand, if you’re NOT declared indigent - if, after reviewing your finances the Court determines that you can - as in “you are able to” - hire counsel, then you MUST hire private counsel and the PD won’t be appointed.
Sadly, for reasons both understandable and contemptuous, far too many folks who CAN afford to hire counsel don’t, and that presents a very real problem for folks who’re truly indigent - because every PD Office has finite resources which must be reserved for truly indigent clients.
The bottom line is that if you can afford to hire private counsel then - both legally and ethically - you must, if for no other reason than to free up limited resources for others, who’re truly less fortunate than you.
That said I thank you for your question and I appreciate your having asked it. Please remember that at #HaberPA it’s all about reasonable doubt and if you like this video then please subscribe to our YouTube channel / VideoFAQ as we’ll be putting out more soon!
If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw
As of today we have 2,839 subscribers who've contributed to our 759,528 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!
Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "Affirmative Defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.
While I conjure some of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera). Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on X /Twitter, MeWe or Truth Social (@Sharky910), on YouTube (via MichaelHaberLaw) or PM'ing me on FB (Miami.Criminal.Lawyer) and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then I'll be happy to provide you with a custom tailored video answer to your relevant question.
With all that said I hope that you enjoy # 404, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no Attorney-Client Relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs. All information contained in and which may be construed from any #HaberPA VideoFAQ is meant to be generic in nature, should only be considered as academic and is not "Legal Advise" for any specific person or case. That said if you're looking for Legal Advise then please contact #HaberPA directly and schedule a confidential consultation.
Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the Criminal Justice System then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.
Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #CrimeVictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.
At #HaberPA "it's all about #ReasonableDoubt"!
YT: MichaelHaberLaw
FB: Miami.Criminal.Lawyer
X / MeWe / Truth Social: Sharky910
WWW: CriminalLaw.miami
E-Mail: Sharky910@aol.com
Office: 1-888-SHARK-8-1
Cell: 305-798-2220
https://www.youtube.com/c/michaelhaberlaw / @Sharky910
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