What is the Difference Between a PD and a Private Criminal Defense Lawyer in Florida?
If you’ve been charged with a crime in Florida, you may be wondering whether to request a public defender or hire a private criminal defense attorney. While both provide legal representation, there are some key differences between public defenders and private lawyers that are important to understand when making this decision.
Public Defenders
A public defender is a lawyer who is employed by the government to represent criminal defendants who cannot afford to hire private counsel. To qualify for a public defender in Florida, you must complete an application showing that you are indigent – meaning you do not have the financial resources to pay for a private attorney.Here are some key things to know about public defenders in Florida:
- They are licensed attorneys who have graduated from law school and passed the bar exam like any other lawyer. Public defenders have expertise in criminal law from representing indigent defendants on a daily basis.
- Public defender offices are organized at the state and county level. Public defenders are appointed to cases by the courts, not chosen by the defendant. You don’t get to pick your public defender.
- Public defenders represent a high volume of cases. Their caseloads are often very heavy, which can limit the amount of time and attention they can devote to each case.
- Public defenders are paid a government salary. They do not bill by the hour and do not get paid more if they win a case. Their financial incentive is simply to earn their salary, not maximize profit from cases.
- Public defenders provide their legal services to clients free of charge. As an indigent defendant, you will not receive a bill from a public defender.
Private Criminal Defense Lawyers
A private criminal defense lawyer is paid by the defendant or their family to provide representation in a criminal case. Private lawyers set their own fees based on factors like their experience, demand for services, and the complexity of a case. Here are some key differences to understand about private attorneys:
- There is no financial eligibility requirement – anyone can hire a private lawyer if they have the means to pay the attorney’s fees and retainer deposit.
- You have the freedom to choose your specific attorney rather than being appointed one. Do research to pick a private lawyer with the skills, experience, and track record you want.
- Private lawyers typically take fewer cases at a time. They can devote more individual attention to developing a customized defense strategy.
- The financial incentive of a private attorney is to maximize their income by providing excellent service to clients. Their pay depends on their ability to get results.
- Private lawyers often have higher levels of experience and expertise, particularly in specialized areas of criminal law. Their fees reflect their skill level.
- Private lawyers may invest more resources into a case by hiring investigators, expert witnesses, and conducting forensic analyses. Public defenders lack these resources.
- A private lawyer works for the client, not the court system. This avoids any conflicts of interest and ensures loyalty to the client’s best interests.
Key Differences Between Public Defenders and Private Attorneys
Here is a quick overview of some of the main differences between public defenders and private criminal defense lawyers:
- Source of Income – Public defenders are paid salaries by the government while private lawyers are paid fees directly by clients.
- Client Choice – Defendants can select their own private lawyer but are assigned a public defender.
- Workload – Public defenders typically have very high caseloads while private lawyers are more selective in taking cases.
- Resources – Public defenders have limited budgets while private attorneys may spend substantially on expert witnesses, investigations, forensic analyses and other resources.
- Experience – Private attorneys often have more years of experience and greater expertise, especially in niche areas of criminal law.
- Incentives – The financial incentive for public defenders is simply earning a salary while private attorneys aim to maximize fees by getting the best results.
- Loyalty – Private lawyers owe undivided loyalty to the client while public defenders must balance responsibilities to the court that pays them.
When Does it Make Sense to Hire a Private Lawyer vs. Using a Public Defender?
Given the differences above, when does it make more sense to hire a private criminal defense lawyer instead of using a court-appointed public defender? Here are some key factors to consider:
- If you can afford the cost of a private attorney, their time and attention may be worthwhile if you are facing serious charges. Public defenders simply lack the time and resources to give each case as much individual attention. For serious felony charges, the extra investment may pay dividends.
- Hiring a private lawyer makes sense if you want to choose who specifically represents you. Research their background, experience and track record. With a public defender, you get who you are appointed.
- For complex white collar crimes like fraud, tax evasion or embezzlement, the specialized expertise of a private attorney experienced in these areas of law may be beneficial. Public defenders handle mostly routine street crimes.
- If your case involves forensic evidence, you may want to hire private counsel who has the budget to conduct in-depth forensic investigations. Public defenders lack funds for experts.
- If you feel a personality conflict or lack of trust with your appointed public defender, hiring private counsel can provide a lawyer-client relationship that better suits your needs.
- If you are facing charges in multiple jurisdictions, a private lawyer can coordinate and provide consistent representation. Public defenders are limited to their jurisdiction.
On the other hand, for relatively minor charges, using the free services of a public defender may make more sense than paying for a private lawyer. The key is analyzing the specifics of your case and financial situation.
Questions to Ask When Choosing Between a Public Defender and Private Lawyer
If you are trying to choose between representation by a public defender or hiring a private defense lawyer in Florida, here are some key questions to consider:
- What are the specific charges I am facing and what are the potential penalties? More serious charges may warrant a private lawyer.
- What level of experience do public defenders in my jurisdiction have with this type of criminal case? Do any private lawyers specialize in defending these charges?
- Can I afford the hourly rates and retainer fee required by private attorneys? What payment plans or options do they offer?
- How much time can a public defender realistically spend on my defense compared to a private attorney?
- Do I qualify for a public defender based on my income level and assets? Am I comfortable sharing my financial situation?
- Does my case need extra resources for forensic investigations, expert witnesses or other evidence gathering?
- Do I want a lawyer who I can develop an attorney-client relationship with and who will communicate frequently?
- Does the public defender seem overburdened by other cases already?
- Do any conflicts of interest exist with the public defender office representing me?
By getting answers to these types of questions, you can make an informed choice about the tradeoffs between a public defender vs private criminal defense lawyer in Florida and which option aligns with your budget, needs and priorities given the specifics of your case.
Conclusion
Facing criminal charges is stressful. Having the right legal representation can help ensure your rights are protected and make navigating the legal process much smoother. Understanding the key differences between public defenders and private attorneys in Florida enables you to make the best choice given your financial situation and the complexities of your case. Be sure to ask plenty of questions so you have confidence you are making the right decision about using a public defender or hiring a private lawyer.
Resources
How to Choose Between a Public Defender and Private AttorneyWhen a Public Defender Just Isn’t EnoughPublic Defender vs Private Attorney – Key Differences
Additional Reading
Public Defender vs Private Criminal Defense AttorneyHow Public Defenders and Private Attorneys Differ10 Things You Need to Know About Public Defenders