국선변호사 선임 Appointment of public defender

Why you should hesitate to hire a public defender

국선변호사 선임

Before posting, let me begin by making it clear that not all public defenders are like this. Since the explanation is limited to some public defenders, you should not think categorically, ‘A public defender should never be appointed!’

The examples I’m going to show you today are cases in which the practitioners are doing things without sincerity to the point that they want to see it too much. In particular, in the case of sex crimes, victims are often assigned public defenders, and since suspects usually appoint private defenders, they have a lot of work to do with public defenders, so there are many opportunities to get a glimpse of how they work. Then, there are not one or two examples of messy work that stand out… I actively stop my acquaintances from getting caught up in criminal proceedings.

With the saying ‘you will receive unwanted results with a relatively high probability’. 국선변호사 선임

A one-line statement of reason for appeal 좋은뉴스 

The above reason for appeal is a case where the defendant, who had several prior convictions for drunk driving, appealed against the first trial, and the assigned public defender submitted one written statement of reason for appeal. I wondered why the hell he submitted only one reason for appeal, so I read and copied the records, and all the documents, starting with the lawyer’s opinion, were generally written in an insincere manner.

Of course, it is true that the defendant has several prior convictions for drunk driving, and it is true that there is a high probability of a dismissal even if the reason for appeal is carefully written, but this inevitably raises the perception that public defenders are inattentive to their clients.

Even if it was a low fee, would you have written the reason for appeal in that way if you had hired a private lawyer? It’s not like that. Comparatively, private line lawyers who emphasize paper power by considering each case as their own face do not handle cases with a slim chance of winning.

The five conditions for appointing a public defender are:

01 In case the suspect who is referred to the substantive examination of the warrant after requesting an arrest warrant does not have a lawyer

02 Minors, over 70 years old, mentally and physically disabled, farmers, etc. who are judged to lack the ability to express their opinions

03 When the accused is prosecuted for a case punishable by death penalty, life imprisonment or imprisonment for a term of 3 years or more

04 When it is deemed necessary to protect rights by judging intelligence, age, level of education, etc.

05 When there is no lawyer in a military court case, treatment claim case, or public participation trial

It is a system that selects a lawyer for the defendant at the cost of the state if it is not possible to appoint a lawyer for certain reasons. In the case of a public defender, it does not apply to civil proceedings, and a public defender can be appointed only in a criminal trial or criminal trial.

In other words, criminal proceedings must proceed, but if there are people who cannot appoint a lawyer, the state will select a lawyer at a cost. In other words, those who are ignorant of the legal procedure or who feel the burden of cost are usually assigned public defenders, but in fact, in this case, there is a high probability that they will pay more than the cost of hiring. From the defendant’s point of view, it means that the probability of living as an ex-convict increases, and from the victim’s point of view, it means that you will not be able to punish the person who committed the crime against you.

There are some stories that say ‘the perception that public defenders lack ability is an old story’, but it can’t be helped when you come into contact with public defenders in practice. Some public defenders still provide ‘really low’ quality legal services. Public defenders handle about 30 cases per month for 300,000 won per case. If the case is long, there is a situation where you are holding close to 100 cases a month. Realistically, if we discuss the quality of legal services compared to private lawyers, who take on 5 to 10 cases a month and focus on the case with several lawyers working together, the result is obvious.