How to appoint a public defender
Everyone gets caught up in unwanted incidents such as drunk driving accidents, large and small scams, poor quality sex crimes, robberies and murders.
The situation has already happened, and in this case, one of the most efficient ways is to hire a lawyer who is well-versed in the law and take legal action to resolve the case or seek relief.
Appointing a lawyer is one of our rights, which is stipulated in Article 12 of the Constitution, ‘Anyone who is arrested or detained shall have the right to receive assistance from a lawyer immediately’.
Since it is almost impossible for ordinary people to represent legal matters, we can appoint private lawyers or public defenders. 국선변호사 선임
Today, we will look at how to hire a public defender and how much it costs. 좋은뉴스
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Public defender vs private defender?
Public defenders differ from private defenders in terms of cost.
After being appointed, attorneys incur initial fees and success fees when defending. At this time, the cost of hiring a lawyer depends on the standards set by the individual, while a privately owned lawyer can receive a high hiring fee, but a public defender appointed by the court only receives the designated appointment fee.
A public defender can be appointed by the state under the conditions stipulated by the law, and the accused can express his/her intention by receiving, filling out, and submitting a written request for appointment of a public defender from the court.
Public defenders are appointed at the expense of the state, so individuals do not have to pay fees.
However, there are exceptional cases in which the judge says that ‘the cost is borne by the defendant’ while making a judgment in consideration of the nature of the crime and attitude.
Can anyone appoint a public defender?
Everyone has the right to have a lawyer, but not everyone has the right to have a ‘public defender’.
This is possible only in the cases below.
① When the accused is arrested
② Minors under the age of 19, over the age of 70, or suspected of having a mental or physical disorder
③ Cases of death penalty, life imprisonment or imprisonment for a term of 3 years or more
④ Even if it does not fall under ① to ③, when it is recognized as necessary in consideration of age, intelligence, and level of education
⑤ When an arrest warrant is requested and there is no lawyer for the suspect referred to the warrant substantive inquiry procedure
⑥ In the case of a request for treatment and custody under the Treatment and Custody Act
⑦ In case a military court applies
In addition, there are also criteria for selecting an arbitrary public defender. If the accused is unable to appoint a private attorney because of financial hardship or other difficulties, he or she may request a public defender.
How to hire a public defender is not complicated.
The application of the public defender can be made not only by the defendant himself, but also by the defendant’s spouse, lineal relative, legal representative, brother, and Australian. However, in the case of a third party, such as a friend or neighbor, it is not possible to apply for a public defender for the accused.
For your information, you do not need to print out the request for selection of a public defender. This is because you can apply using the form sent by the judge.
Please note that the submission of the request for selection of a public defender is to the court in charge (defendant without custody), prison or detention center, or police station (defendant to custody).
No need to worry about hiring a public defender.
Then, what about the cost of hiring a public defender, which many defendants worry about? Answers are free.
As mentioned above, the cost of hiring a public defender is paid directly by the court. The court appoints a public defender at state expense for the accused.
Therefore, please note that public defenders can only be appointed in criminal cases where the state steps in and tries to set things in order.
So far, I’ve been looking at public defenders. It is said that it is important to never give up when going through a criminal trial. Keep this in mind and never give up.
I will finish posting about the cost of hiring a public defender. See you next time with more useful information. thank you