Zachary C. Holbrook, P.C.

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5 Differences Between Public Defenders & Private Attorneys

If you have recently been accused of a crime and have been looking for representation, you have likely come across the terms “public defender” and “private attorney.” It is important to understand the difference between these two types of legal representation. Continue reading to learn more about public defenders vs. private attorneys.

Public Defenders Vs. Private Attorneys

A public defender is a court-appointed professional attorney that is assigned to individuals who cannot afford private counsel and are at risk of their freedom being taken away if they are convicted. A private attorney is what most people think of when they think of a lawyer. Private attorneys are contacted directly by the client and retained for their services. Both public defenders and private attorneys are accredited by law schools and can have specific areas of expertise.

public defender vs private attorney

Qualifications For A Public Defender To Represent You

It is important to understand that there are certain qualifications that an individual must have in order to be represented by a public defender. If you have the means to pay for a private attorney, then you will most likely not be appointed a public defender. If you are employed, then there is a possibility your income will be too high to have a public defender represent you. If you would like the services of a public defender, then you will need to fill out a form that explains your financial situation. If the judge signs off on it, then a public defender will be assigned to your case.

Communication With Your Attorney

Due to being appointed many cases and being overworked, public defenders are quite difficult to get a hold of. A lot of their time is spent in court, meaning that there is very little time for communication with clients. Private attorneys have much more flexible schedules because they are able to choose which cases they will take. That means that private attorneys will be more available for appointments and will be quicker to respond to calls and emails. If you value more consistent communication, then private attorneys are the better option.

Private Attorneys Have More Time

Public defenders strive to represent their clients to the very best of their ability. However, due to their high workload, it can be difficult for them to allocate the amount of time needed for their cases. By having more flexibility with their workload, private attorneys are able to dedicate more time to do an in-depth review of the evidence to prepare for a defense.

More Choices With A Private Attorney

When you use the legal services of a public defender, you will be appointed a certain attorney. You will likely have very little choice as to which attorney will be defending you. But with a private law firm, you will be able to meet the different lawyers that work at the firm and request certain people to represent you. You will also be able to ask more questions about how each person would handle your case, whether they will be assisted by other attorneys, and if there are legal assistants or paralegals working on your case.

Do You Need Legal Representation?

If you are living in Utah and are looking for legal representation, I, Zachary Holbrook, am at your service. I will assist you with all your legal needs, including reviewing your case, offering legal advice, and representing you in court. I have extensive experience with criminal defense cases that revolve around many different types of crime. For more information about my legal services or to set up an appointment, feel free to reach out to me today.

Having a warrant out for your arrest can be an incredibly confusing and scary experience. Most of the time you will not even know that there was a warrant for your arrest until the police show up at your front door. However, there are several important steps to take in order to handle the situation appropriately and protect yourself, your family, and your future. Continue reading to learn what to do when a warrant is out for your arrest.

What Is A Warrant For Your Arrest?

warrant for your arrest

If there is a warrant out for your arrest and you are just finding out about it, the first thing that you need to do is understand what that means for you. There are arrest warrants and search warrants.

A search warrant allows a police officer to search a certain location for a specific item (or items) and then take them into their possession. When there is a warrant for your arrest it means that the court has authorized the police to arrest you due to having probable cause that you committed a crime or that you missed a court hearing. Probable cause is obtained through sworn statements by individuals or police officers. If there is a warrant out for your arrest, a police officer could pull you over or come to your home at any time to arrest you. 

What To Do If There Is A Warrant For Your Arrest

Many people are unaware that there is a warrant out for their arrest. However, if you are being arrested due to a bench warrant that was issued for missing court, you can call the court to schedule a hearing to have the warrant recalled. If the warrant was issued based upon evidence gathered from law enforcement (probable cause), then unfortunately the first time you will hear about it will likely be when the police come knocking at your door.

#1- Contact An Attorney

The first thing that you should do once you are arrested or find out that there is a warrant for your arrest is contact an attorney. A qualified criminal defense attorney can figure out whether a warrant is valid and why there is a warrant for your arrest. A valid arrest warrant will have probable cause, sworn statements by the police, and a description of the suspect. It will also have been issued by the court. If the warrant does not contain these things, the warrant may not be valid.

#2- Contact A Bail Bondsperson

If you are not immediately arrested after a warrant is issued, you should contact a bail bondsperson. A bail bondsperson can help arrange the posting of bail if that is an option for you after being arrested. Taking care of bail before getting arrested can greatly reduce the amount of time that you must spend in jail.

#3- Possibly Voluntarily Surrender

If the police show up at your door, it would not be prudent to try and escape arrest. It is best to go with the police and sort out everything later rather than get into more trouble by trying to evade the police. However, if you find out about a warrant and you have not yet been arrested, you should reach out to your attorney immediately.

Once you have made arrangements for your family and with your lawyer, you can turn yourself in as a voluntary surrender. This may be more tolerable than being arrested in daily life and can help you avoid other potential consequences. Make sure to surrender to the police precinct that issued the warrant in order to move through the process faster.

Are You In Need Of A Criminal Defense Attorney?

If you are in need of a criminal defense attorney, consider reaching out to me. My name is Zachary C. Holbrook and I am a licensed, professional criminal defense attorney. I have the legal knowledge, skills, and abilities to help improve your circumstances if you have been wrongly arrested or have a warrant out for your arrest. I can assist you in building a case that will help reach the best possible outcome. Contact me today for more information or for a case review.

Being accused of committing a property crime is a very serious assertion. If you have recently been charged with committing a property crime, it is important to get in contact with a qualified and experienced criminal defense attorney. I, Zachary Holbrook, am a knowledgeable criminal defense attorney located in Ogden, Utah. If you find yourself in the unfortunate situation of having to build a case to defend yourself in Utah, I am happy to be of assistance. Continue reading to learn more about several different types of property crime.

property crime

What Is A Property Crime?

Before the different types of property crime can be discussed, we must first describe what a property crime is. A property crime involves a person’s belongings being stolen or destroyed without them having any indication that the crime would happen. As in, the perpetrator of the crime would not typically threaten the person they plan to commit the crime against beforehand. There are several different types of property crime including arson, theft, vandalism, and burglary.

Types Of Property Crimes

Arson

Arson has to do with the destruction of property by means of fire or explosives. Typically the term “arson” refers to the burning or charring of a building, but it could also refer to setting fire to other forms of property such as vehicles, crops, or forests. A fire can only be considered arson if the individual who set fire to the property did it intentionally or maliciously. Arson includes setting fire to your own property with the intention of committing insurance fraud or setting fire to property that belongs to another person. The severity of an Arson charge can be a misdemeanor or felony, depending on factors such as the damage caused and if someone’s life was endangered.

Theft

Theft is the crime of taking someone else’s property without their consent or permission. Theft can be taking both tangible and intangible property. Theft is also sometimes referred to as larceny. Within the context of theft, there are many different levels of severity, from petty theft all the way up to motor vehicle theft.

In Utah, petty theft (or theft in which the property stolen was less than $500) is considered a Class B Misdemeanor. If the value of the property stolen is between $500-$1499, then it would be a Class A Misdemeanor. Finally, if the value of the stolen property is $1500 or more or was a firearm or operable motor vehicle, then the severity is increased to a felony (the degree depends on the value and what was stolen).

Vandalism

Criminal mischief is a type of property crime in Utah typically referred to as vandalism. Vandalism includes any act that was conducted deliberately to destroy a piece of public or private property. Acts of vandalism include graffiti, smashing lights, breaking windows, removing wording or signage, or any other act that defaces a property. The severity of a vandalism charge can be a misdemeanor or felony, depending on factors such as the damage caused and if someone’s life was endangered.

Burglary

Another type of property crime, burglary is the act of entering a building (or remaining in a building unlawfully) with the intent to commit a felony, theft, lewdness, sexual battery, or voyeurism. Burglary is a Third Degree Felony unless it is committed where someone resides, then it becomes a Second Degree Felony.

Do You Need A Criminal Defense Lawyer?

If you have been accused of committing a property crime, it is important to get in contact with a criminal defense attorney. I, Zachary Holbrook, am experienced with property crime cases and would be more than happy to help you build a case. For a case review or to receive further information regarding property crimes, feel free to reach out to me today.

Zachary C. Holbrook, P.C. Criminal Defense Attorney Ogden, Utah

Zachary C. Holbrook, P.C.

2351 S. Grant Ave. #203
Ogden UT 84401


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