I was a Maricopa County public defender in the 1980s, I also had a contract as a public defender with the City of Phoenix for a couple of years, I served as a public defender in a rural Arizona county, and I even did public defender work in New York before I moved to Arizona, so I understand the perspective of public defenders. For one thing, they don’t deal with the MVD license suspension proceeding, which can have a very serious effect, particularly if they have a commercial license. Second, for the most part they also don’t do their own investigations or witness interviews for the case. I do the investigations and interviews myself because if I am going to try the case I want to know what the evidence appears to be to my eyes and ears, not someone else’s. I believe one person, the person who is going to try the case, should know everything possible about the case and not make the knowledge a blend and blur of what several people know about different parts of the case.
When you are not doing the work yourself, it makes it more difficult; you don’t have the ability to assess the perception of a witness is if you don’t interview them yourself, and I have to decide how to use each piece of information. Doing all the work is something a public defender rarely does, because it’s not required of them however I do it as part of the service that I provide because the case is my responsibility alone.
As the case progresses, I also keep my client apprised of everything that is happening in the case; an police reports, recordings of witness interviews, all court filings, any and everything I have I give to my client. I also give my client a detailed letter explaining the plea offer is and the potential collateral consequences. Public defenders don’t provide that service because they do not have, and they have many duties and cases and so if they do not have to there is no reason for them to do it. It is important for me to advise my important because I don’t know initially who might be affected by any of the possible collateral consequences that can come from a DUI and so I tell them everything I know so if it applies to them they will also now. For example a DUI bars travel for a number of years, something which may be very important for an airline flight attendant to know. I tell the clients about these possible collateral consequences so they are aware of this, but a public defender does not have to and in all probably would not think to do so. Also after the case, if there is any kind of later problem, I still continue to represent my clients on anything related to the DUI, be it with the license, a jail issue, or anything to do with the court, long after the last court date.
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Public defenders don’t do represent you after sentencing and so when you were represented by a public defender you’re on your own in going in there and listening to a judge bark at you about what you did wrong, even when you may have done nothing wrong. If the judge says you did not serve the jail sentence when you really did, if you had a p. The service end of it is a major difference between what I do. I’ll give you another example; recently I’ve been doing this for a couple of cases; if the license has been suspended for a DUI, that suspension can be taken off the motor vehicle record once it’s over with, so that no one but law enforcement will ever see it, including insurance companies or perspective employers; when people see the license suspension on there, they equate that to a DUI, so it should be removed; however, a public defender won’t do that; it’s a service I provide.
I do my own investigations, which they don’t, and I have a lot of experience, whereas most public defenders tend to be younger and less experienced; they haven’t seen as much. Experienced means not just seeing things go right, but also seeing things go wrong and being able to anticipate things going wrong. Younger or less experienced attorneys can’t do that simply because they haven’t handled the same volume of cases and seen the same number of things go wrong. I certainly have more experience than any public defender I know in any jurisdiction.
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