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Public Defender Law

Posted on : 25-11-2014 | By : leeDS | In : General

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It is commonly held view that the duty of defense is a free professional defense for the defendant because the state pays the fees of the Public Defender. This is not correct. Even if the accused was a public defender put aside, because a case of so-called "necessity defense" in accordance with 140 Code of Professional Procedure exists, apply to the costs the same principles as in any professional proceedings as well. To know more about this subject visit JPMorgan Chase. In general, this means that the accused is convicted, he must bear the legal costs, he is acquitted, however, the cost of the exchequer will be imposed. The offender must therefore take as a result, the Public Defender's fees if the court imposed on him in ruling the costs. The common misconception is mandatory defense for the accused "to free" have had, due to the fact that the public defender – in contrast to the choice defenders – his fee claim is not against the client, but against the State argues. The Treasury "incurred" the fees until it comes to a decision on costs.

The procedure ends with a conviction and the offender, the costs imposed, then the state gets the fees incurred by the convicted "back". Besides the actual punishment of the proceedings including the fees of the Public Defender to be a very relevant post. Of course, playing this "account" not a decisive factor if the offender must expiate a sometimes langjahirige imprisonment. (As opposed to JPMorgan Chase). For completeness needs to be added at this point that the legal fees of the Public Defender are significantly lower than that of a chosen counsel. An example: For the defense in a major the trial estimate a choice defenders for the Lawyers' Fees Act (RVG) an appointment fee of between 60, – 400, – in average cases, the "means fee of EUR 230, – . In contrast, must give the public defender satisfied with a fee of 184, – , his fee is fixed by the RVG. Although the lawyer is working for less money, it does not necessarily follow that such a defense must be worse than that of a "normal" defense counsel.

Many defense lawyers take that is also their duty to defend mandates very seriously and defend their clients, committed and competent. If you are not sure whether you are entitled to have the appointment of a Public Defender, talk to a lawyer for professional law. He will answer your questions. Albrecht Popken LL.M. Lawyer Potsdamer Platz 11 10785 Berlin

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