Who Should You Choose?

Private Attorney or Public Defender?

I take calls every week from people who are seeking legal advice regarding criminal incidents. One thing these potential clients always ask me is, “Is it worth hiring a private attorney or should I try to get a public defender?” This is a legitimate question, but there is not a perfect answer. However, there are important things every person should know when they are deciding on representation for a criminal matter.

First and foremost, a private attorney is going to cost you more money than a public defender. If you are indigent, you can have a public defender appointed to your case. There is a $50 application fee, which is a very small price to pay for any legal representation. A private attorney is usually going to cost you over $1,000 for a criminal case, unless you’ve been arrested for a simple, second degree misdemeanor, like a trespass. Some private attorneys will take these types of cases for slightly less than $1,000. But most criminal cases are going to cost you more than $1,000 if you decide to hire a private attorney. For serious felony charges, you could be paying tens of thousands of dollars for private representation.

So why would anyone hire a private attorney if they have a chance at getting a public defender appointed? Well, it’s a matter of preference and income.  I worked as a prosecutor for more than two years. During that time, I had many cases where public defenders represented the accused. Some of these public defenders were fantastic lawyers. In fact, the majority of them were passionate and truly cared about the work they were doing. However, they had many more cases than the typical private defense attorney. Therefore, they had to prioritize their cases, which meant that some of their cases didn’t get the attention they deserved.

Time Is Money

A public defender is rarely going to have the time to research and investigate a case as thoroughly as someone in private practice. Additionally, a public defender is employed by a political body (and a government agency to be exact), which often affects the amount of attention some cases get. I know I wouldn’t want political affiliations to affect my freedom.

As a private practitioner, I take pride in giving every case the attention that it deserves, and often more attention than some may think is necessary. I make your problems my problems. I think about as many angles and strategies as possible before making the next move. I often email and call my clients with the answers to their questions before they even ask the questions.

To me, communication is crucial when you find yourself facing a big problem. With sufficient communication comes less stress and more confidence. My law firm would fail if my client relationships weren’t fantastic. A public defender does not need to make his clients happy, because public defenders will always have cases, no matter what. They do not care about repeat clientele. But private attorneys are be in the business of creating long-lasting client relationships. My goal is to get the best results possible, no matter what the cost. When you hire me, I take your concerns and make them my own.

Who Would I Choose?

Thus, I always end my private attorney versus public defender rant by saying, “If I ever have to choose between the two, I will definitely hire private representation.” That is why I honestly advise potential clients to at least call a few private attorneys before automatically going with a public defender. Many law firms will allow you to set up a payment plan and are willing to work with you on the financial aspect of the representation. But remember, if you cannot afford to hire private representation, you will still have an adequate lawyer who may turn out to be wonderful. However, you don’t get to choose the specific public defender who is assigned to your case, so you can never be certain. And I don’t like to be uncertain when it comes to my freedom. Do you?