Aggressive Criminal Defense

MI State Law – Poor Budgeting Lands Michigan Public Defense Among the Worst

Aggressive Criminal Defense

According to the Constitution, each person accused of a criminal charge is entitled to a trial by a jury of their peers and representation by legal counsel. If the defendant cannot afford a criminal defense attorney in Michigan, they have the right to receive a court-appointed lawyer. Unfortunately, poor budgeting and limited financial means has prevented poorer suspects from working with an effective attorney in Michigan, which also hinders their chances of a fair trial.

Impoverished defendants nationwide generally receive terrible legal representation, but statistics reported by The Detroit Free Press are alarming. Michigan’s public defense system is among the worst in the country, ranking 44th in terms of spending and failing to meet the minimum standards set forth by the American Bar Association. The minimal funds available to assist poorer defendants comes almost entirely from counties, who are responsible for running and sponsoring the system for the state. Using flat-rate court-appointed attorneys is certainly the cheaper option, but one tends to receive cheaper and ineffective legal assistance as well–either there is too little money invested to attract a more knowledgeable Michigan defense attorney, or the novice lawyer is taking on more cases than he or she can handle.

Without legal counsel it is possible to be wrongfully convicted

All these factors can influence the outcome of one’s trial, either positively or negatively. For those who cannot afford legal counsel, it is possible to be wrongfully convicted or receive lengthy and unnecessary prison sentences because they have received sub-par representation.

While this sounds like a sad story for affecting only those at the bottom of the financial scale, all Michigan residents are bearing the consequences of the substandard public defense system. When innocent people are sent to jail or receive extensive jail sentences, the citizens of Michigan are the ones footing the bill. The Detroit Free Press cites the example of Eddie Joe Lloyd, a man sentenced to serve 17 years in prison after being wrongfully convicted of murder and rape. For his prison stay and appeals alone, the state of Michigan paid over $1 million. Furthermore, because of the wrongful conviction, a civil judgment granted Lloyd an additional $4 million, straight out of the pockets of Michigan taxpayers.

Enacting a better-funded and more effective public defense system would not only lower correction costs statewide, but also reduce wrongful-conviction lawsuits and keep innocent people out of jail. Legislation, such as the pending Michigan Public Defense Act, would ensure appropriate state funding, as well as the creation of a specialized office, creating uniform standards and providing training to ensure a functional system. If passed, the bill would increase the quality of the link between defendants and experienced criminal defense lawyers in Michigan, capable of using tactical legal advice and representation to uphold the basic constitutional rights of each person, regardless of economic status.

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