Seeking Criminal Defense Attorney Pro Bono

I would be hesitant to have a “pro bono” attorney; as a person who makes a living handling criminal matters normally does not the resources to invest in such a complex and life changing case for your son. I am a private attorney; however, I would tell you that your son would be in good hands with the public defender’s office. The PD’s office has the resources to invest in your son’s case; a private attorney cannot afford to go “out of pocket” on associated costs. DON’T WORRY; we have all heard cases about Public Defender who are “dump trucks” or worse. In my opinion the PDs who work on such high end cases are highly qualified and do not give away cases as some new PD’s might in low-end cases where there are just not the legal resources to go around and the harm to the defendant is minimal. Your son could use a little education in the effective use of a public defender; write down the facts of the case, write down any questions to the lawyer, provide any written information about the case (facts, times, dates, who the players are and how they fit into the case, including all witnesses good and bad), this way your son’s PD can review the facts, questions and players very quickly and not have to spend hours pulling this information out of your son in a stuffy jail meeting room. This helps the attorney help your son. Best of Luck!

I would agree with the prior answer, that your son would be well advised to work closely with the public defender handling his case. Most lawyers don't have the resources to work for months or years for free on complex cases, and certainly could not spend the money investigating the case.

People are quick to dismiss the qualifications of the Public Defender. As a former PD I can tell you that the attorneys that handle the most serious of crimes are generally top notch attorneys. They have the experience and resources to properly represent your son. You may want to check with some of the largest law firms in your area regarding the acceptance of probono cases. Unless the firm has a dedicated practice component of handling probono matters I would have concerns. These types of cases are a tremendous undertaking for smaller practicioners. In some instances the public defender's office will have a conflict. In that instance the Court would likely appoint a private attorney to act as a "special public defender." Best of luck.

I agree with the responses of the previous lawyers. Another possible option is to contact some of the big law firms in Chicago. Large Chicago firms such as Mayer Brown, Winston & Strawn and others handle murder cases pro bono. These large firms are not criminal defense firms, but often handle very serious criminal matters pro bono. If you are fortunate enough to have one of these large firms handle the case, you will benefit from their great resources of lawyers and money. I know these big firms get many requests and they certainly turn down most cases. That being said, it is worth a call to each of the large firms in the city. The best thing to do is call the main number of the law firm and ask to speak to someone in the pro bono department. They will have a screening process that may take some time. Another point to remember is that you may begin the case with a public defender and come in with a private lawyer or law firm at some later point in the case. If you come in later with a private lawyer, the public defender will simply step aside and your private attorney will take over. Good luck to you.

Answered 04/08/2010: You have had a lot of good advice on this question and I presume that you feel better knowing that Public Defenders on capital cases are thoroughly screened for competence. I would also caution you to stop discussing the FACTUAL details of your son's case and definitely not ask your son to provide written facts to you or for you to give to the attorney. Any information provided to someone other than a lawyer is an admission which could come back to haunt your son and his new lawyer. Good Luck with this. [Note: Consistent with policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] Brian Geno Geno Law Firm Red Maple Court Office Condominiums 10617 Jones Street, Suite 201-B Fairfax, VA 22030 703-691-GENO (4366) Office 703-691-4774 Fax [email protected] Email www.NovaAttorney.com Web www.GenoLaw.com Web

Have you sought a court appointed attorney? 6th amendment A defendant has the right to be represented by the attorney(s) of his choice or may represent himself. “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense” The Supreme Court expanded the interpretation of the clause in Powell v. Alabama, 287 U.S. 45 (1932), in which it held, “in a capital case, where the defendant is unable to employ counsel, and is incapable adequately of making his own defense because of ignorance, feeble mindedness, illiteracy, or the like, it is the duty of the court, whether requested or not, to assign counsel for him.” In 1961, the Court extended the rule, it held in Hamilton v. Alabama, 368 U.S. 52 (1961), that counsel had to be provided at no expense to defendants in capital cases when they so requested. In Gideon v. Wainwright, 372 U.S. 335 (1963), explicitly overruled Betts v. Brady, finding counsel must be provided to indigent defendants in all felony cases, whether capital or otherwise. Argersinger v. Hamlin, 407 U.S. 25 (1972), and Scott v. Illinois, 440 U.S. 367 (1979), expanded the right further, guaranteeing counsel in any charge resulting in a sentence of actual imprisonment. Check with the courts, the CA or your county public defender, and then the CA state bar. Hope this helps, and Good Luck Legal Disclaimer: The hiring of a lawyer is an important decision and should not be based solely upon advertisements. This site presents general information and is not intended as legal advice. Accessing this page, and any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services and runs a conflict check and your have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in you area that knows the relevant facts of your case.