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5th Amendment Rights | March 18, 2016

Why You Should Hire Your Own Attorney

Do you know your full Miranda rights? It is the short speech arresting officers need to give to all detained suspects before they ask them anything. Not only does it include mention of your right to remain silent but it also mentions that you have the right to an attorney to provide defensive legal counsel. That sounds fairly generous of the state to do that for you but the truth is this: you should not rely on a public defender.

Misleading Fifth Amendment

When you are told that you have the right to have an attorney, the police officer will go on to say “should you be unable to afford one” or something along those lines – the Miranda warning has been known to alter in the fine details. This does not mean you are going to get a criminal defense attorney handed to you for nothing and at the drop of the hat. What really happens is that you will need to prove that you cannot afford to hire your own legal counsel. Just for the hassle to providing the court paychecks and other bits of private information, you should already be deterred from getting a public defender. But the problems go beyond inconvenience.

Good Intentions but Bad Execution

Offering a public defender’s services to anyone who needs them is pretty great; it’s one of those aspects of our Constitution that sets us apart from many other countries in the world. But what looks good on paper will not necessarily be beneficial in the real world.

Consider these two common problems with public defenders the state provides:

  1. Notoriously overworked: Anyone and everyone in a county or city who uses a public defender is probably sharing that lawyer’s time with dozens of others, each one with a unique case. Even if a public defender has the skill to craft a case that defends you successfully, odds are high that they will not have the time to do it.
  2. Impersonal: Would you want to work with a healthcare professional who didn’t know your name? Of course not! So why would you want to work with a legal defender who didn’t, especially when something as critical as your freedom is on the line. Working with a public defender puts you at a distinct disadvantage due to the fact that they will not be personally motivated to see you succeed in your case.

At the Law Offices of Christopher J. Cherella, our Milwaukee criminal defense attorney takes the time to get to know each and every client we help and the ins and outs of their cases. Using 20+ years of legal and trial experience combined with genuine concern and compassion, we have been able to protect client after client, including hundreds in the Federal District Court of Wisconsin’s Eastern District alone. Call (414)347-9334 today to schedule a free consultation so we can really show you why when it comes to defending your rights, you cannot afford to cut corners.

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