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These public defender offices handle the largest proportion of indigent defense cases of the three major indigent defense delivery systems: public defender offices, assigned counsel systems, and contract attorney systems.
3d 694, 699 -- "The common law elements of necessity are: "(1) the harm must be committed under the pressure of physical or natural force, rather than human force ' (2) the harm sought to be avoided is greater than, or at least equal to that sought to be prevented by the law defining the offense charged; (3) the actor ...
The Sixth Amendment to the US Constitution, as interpreted by the Supreme Court, requires the US government to provide legal counsel to indigent defendants in criminal cases. Public defenders in the United States are lawyers employed by or under contract with county, state or federal governments.
What Kinds of Cases Qualify for a Public Defender? Juvenile Delinquency cases. Drug Court cases. Intensive Supervision Program cases. Special Hearing Unit cases. Family Court Title 9 Child Abuse and Neglect cases.
In Gideon v. Wainwright (1963), the Supreme Court ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves. The case began with the 1961 arrest of Clarence Earl Gideon.
A public defender represents people who are facing criminal charges in these difficult circumstances. The public defender's office is meant to ensure that no defendant is denied their right to an attorney, which is provided under the Sixth Amendment to the Constitution.
The Public Defender's Office is responsible for providing legal defense (at all stages of the proceedings) for any person who is not financially able to employ counsel and who is charged with any contempt or offense triable in the superior or municipal court.
In the United States, a public defender is a lawyer appointed by the courts and provided by the state or federal governments to represent and advise those who cannot afford to hire a private attorney.