If you’ve been charged with a crime, you might wonder whether to rely on a public defender or hire a private defense attorney. It’s important to know that not everyone qualifies for a public defender. Only individuals who cannot afford to hire an attorney are eligible for assistance from the public defender’s office. It means that many people with steady employment don’t have the option of using a public defender.
To get a public defender, you must fill out a form about your finances detailing your financial situation. A judge will review this affidavit and decide if you qualify. If you do, the judge will assign a public defender to your case. However, it’s worth noting that you won’t get to choose your public defender and must work with the one assigned to you. Sometimes, you may also need to pay a fee for their services.
Communication
Communication and availability are among the most significant differences between public and private defense attorneys. Public defenders often have overwhelming caseloads, meaning they spend most of their time in court and have limited time communicating with their clients. As a result, you might only get to speak with your public defender on the day of your court appearances.
In contrast, private defense attorneys can manage their caseloads and ensure they have enough time to dedicate to each client. It means they can provide regular updates and help you navigate the complexities of your case before any hearings. Private attorneys are typically more accessible, often promptly responding to calls and emails—even outside regular business hours. Many private attorneys also share their direct contact information, such as a cell phone number, so clients can easily reach them with questions or concerns.
Choice
Another significant advantage of hiring a private defense attorney is the ability to choose your legal representation. If you work with a public defender, you must accept whoever is assigned to your case. Suppose you’re dissatisfied with your public defender. You can dismiss the public defender’s office but generally can’t request a replacement.
With a private defense attorney, you can select someone whose experience and approach align with your needs. You can ask questions during the hiring process to understand how they’ll handle your case and determine whether other lawyers, paralegals, or assistants at the firm will be involved. This flexibility gives you greater control over the representation you receive.
Results
Private attorneys are vested in achieving favorable client outcomes because their reputation directly impacts their business. On the other hand, public defenders are guaranteed new clients regardless of their results. Studies have also shown significant differences in outcomes based on representation. For example, a survey of over 5,200 cases revealed that individuals represented by private attorneys were less likely to receive jail time and, on average, had jail sentences that were three years shorter than those defined by public defenders.
Take the Next Step
If you’ve been charged with a crime, contact KGO Law Firm today for a consultation. A skilled attorney can discuss your options and help you take the steps necessary to achieve the best possible outcome for your case.
