If you are facing criminal charges, at some point you will be asked if you would like to have a public defender or an attorney represent you. This decision is often one of the first choices you’ll have to make after being charged with a crime. For many defendants, this decision comes at one of the worst times in their lives. You don’t know what to do, and you’re scared. Add financial concerns to the equation, and it’s easy to feel stressed about making this decision.
Public defenders and criminal defense attorneys serve two very different roles. Although they do the same job representing you in court, it’s important to understand each option. Public defenders represent defendants who cannot afford to hire an attorney. Private criminal defense lawyers are hired by defendants to provide legal representation.
So how do you know which option is right for you? Every situation is different and depends on several factors. The severity of the charges against you, your budget, and how much access you want with your lawyer all play a role. Read on to learn more about public defenders vs. private attorneys.
What is a Public Defender?
A public defender is an attorney who is appointed for you by the court. You are eligible for a public defender if you cannot afford an attorney and are being charged with a crime.
Public defenders are licensed attorneys who represent you throughout your case in court. Like most lawyers, public defenders typically specialize in criminal defense. If you are unable to afford an attorney, you will be assigned a public defender to represent you.
Just because someone is a public defender does not mean they aren’t qualified to handle your case. Public defenders often have more experience than your average lawyer. They spend more time working in the courtroom, which allows them to develop relationships with the judge and prosecutor and learn about the court process. Since public defenders handle numerous criminal cases, they quickly gain experience.
One thing to consider is that public defenders often have an extremely high caseload. With a high volume of clients, your public defender may not have time to meet with you. They simply might not have the time to investigate your case or develop a complex defense strategy.
Yes, public defenders are great for simple misdemeanor charges. However, if your case is complex, you may want your own attorney who has more time to dedicate to your case.
What is a Private Attorney
Private criminal defense attorneys are hired by you or your family. A private attorney works for you, not the court.
The biggest benefit of hiring a private attorney is you get to choose your lawyer. When you are facing criminal charges, you want to trust the person that will represent you. With a private attorney, take your time and find someone that you connect with. You can research their background and experience before deciding to hire them.
Another benefit of hiring a private attorney is they typically don’t have as many clients as a public defender. Your attorney will have more time to sit down with you. They will review the evidence against you and start developing a defense strategy.
In some cases, private attorneys may have access to resources that public defenders simply do not. Private defense lawyers typically work with investigators, expert witnesses, forensic specialists, and more to solidify your case. If your case requires any of these resources, you may want to hire a private attorney because a public defender simply does not have access to the funds needed to seek such specialized services.
It’s true, private attorneys come at a cost. When you hire a private lawyer, you will be responsible for paying their legal fees, which can climb into the thousands (in some high-profile cases even millions of dollars).
When Hiring an Attorney, Communication is Key
When deciding between a public defender and private attorney, consider how important communication is to you.
When you are charged with a crime, you will have questions about your case. Ask yourself the following questions:
- When will my court date be?
- penalties am I facing?
- Should I accept this plea deal?
- What evidence is the prosecutor hiding?
- How will a conviction affect my future?
Staying in contact with your lawyer can help you relieve some stress. Public defenders handle so many clients that they may not have time for you to meet. While this doesn’t mean they don’t care, they have a lot of clients that require their attention.
When you hire a private lawyer, you have more access to them. You can set up meetings to go over any concerns you have. Many clients feel more comfortable knowing they can easily contact their lawyer.
Consider the Complexity of Your Case
Not all criminal charges are cut-and-dried. The differences between a misdemeanor and a felony can mean arrest, jail, and fines. Some cases don’t require a lawyer to understand the legal matters. However, when you’re facing jail time or fines, you need legal representation.
If you face a minor charge, you may feel comfortable with a public defender. But if you face jail time, loss of your license, or steep fines, you may want a lawyer who gives your case individualized attention.
Felony charges often require more resources and time. Complex cases often require additional investigation and preparation. For example, if your case involves drug charges, you may want an attorney who has experience defending against narcotics crimes.
Financial Concerns When Hiring an Attorney
We already mentioned it, but cost is the main reason some people use a public defender. If you qualify, you can receive a public defender for free. When you lose your job due to an arrest, paying for an attorney is the last thing you want to worry about.
Some people view paying for an attorney as an investment. A criminal conviction can impact your future employment, housing, and education.
Public Defender or Private Lawyer?
There is no right or wrong answer to this question. You should weigh your options and decide what fits your situation.
Public defenders are amazing at what they do, and many are incredible lawyers. However, they take on a huge caseload, which could leave you wondering if they have time for you. With a private attorney, you get something that’s yours. You can spend as much or as little on your defense as you want.
At the end of the day, don’t represent yourself. You will need an attorney to protect your rights and guide you through the process.
Conclusion
Being charged with a crime is stressful, but you don’t have to face the justice system alone. Public defenders and private attorneys can help defend you against charges. When you understand the differences, you can make a more informed decision.
Remember, you want someone who will advocate on your behalf. You also want someone who will guide you through the process and help you make smart decisions about your case.
Need a criminal defense attorney? Contact Capetillo Law today, and we will work with you to understand your legal rights and options.
