Should I Hire a Private Attorney or Use a Public Defender?
Getting arrested is scary. Even if you’re innocent, being accused of a crime is a big deal. You could end up with a criminal record or even go to jail. So what should you do? A lot of people think they have to just accept whatever free lawyer the court gives them – the public defender. But you don’t have to do that. Here’s why you should think about hiring your own private attorney instead.
What’s the Difference Between a Public Defender and a Private Attorney?
A public defender is a lawyer who works for the government. Their job is to represent people accused of crimes who can’t afford a private attorney. Public defenders are paid salaries by the state or county. They have a lot of cases at one time – sometimes hundreds. Private attorneys, on the other hand, are lawyers you pay yourself. They don’t work for the government. They can choose which cases to take and how many. Private lawyers usually have a lot fewer cases at one time than public defenders.
Why Might a Private Attorney Be Better Than a Public Defender?
There’s a few big reasons why it could be worth it to hire a private lawyer instead of just using the free public defender:
- More time for your case – Public defenders have so many cases, they only spend a little time on each one. A private attorney will give your case more attention.
- You choose who represents you – With a private lawyer, you pick who you want. With a public defender, you get whoever is assigned.
- Better resources – Private attorneys have more money to spend investigating cases and hiring experts.
- Higher chance of a better outcome – Private lawyers may work harder to get charges reduced or dismissed.
Let’s look at each of these reasons more closely…
More Time and Attention for Your Case
Public defenders are overworked. In some places, they handle over 200 cases at once[1]. That doesn’t leave much time for each client. A private attorney will have a smaller caseload. That means they can spend more time getting to know you and the details of your case. This helps them build the strongest defense for you.
With a public defender, you’ll likely only meet with them for a few minutes before court dates. And most of your communication may happen right in the courtroom. A private lawyer will be more available to answer your questions and keep you updated. You can feel confident you won’t get ignored.
You Get to Choose Who Represents You
One of the best parts of hiring a private attorney is you get to pick who you want. You can meet with a few different lawyers before deciding who to hire. This gives you control over who will handle your case. With a public defender, you just get assigned someone without getting a say.
It’s important to feel comfortable with your lawyer. You need someone you can trust has the skills and determination to fight for you. Do your research to find an attorney with plenty of experience handling cases like yours. Read online reviews from past clients. Make sure they have a good track record of positive outcomes.
More Resources to Build a Strong Defense
Public defenders are limited in what they can spend to defend a case. Private lawyers have more financial resources. This allows them to fully investigate your charges and build evidence to fight the prosecution’s claims. A private attorney can:[2]
- Hire private investigators to gather information
- Consult expert witnesses to analyze evidence
- Send evidence to labs for forensic testing
These things cost money that public defenders don’t have in their budgets. But they can uncover details that get charges reduced or dismissed. So having these resources available gives a private lawyer more tools to craft a better defense.
Higher Chance of a Better Outcome
In the end, the biggest reason to hire a private attorney is you increase your odds of getting the best result. Public defenders are often overwhelmed and underfunded. This makes it hard for them to provide the strongest possible defense. Private lawyers have more flexibility in the cases they take on. And more resources to apply to each case. This motivates them to pursue the best outcome for their clients.
Statistics show people represented by private attorneys are less likely to be convicted and receive shorter sentences on average[3]. While public defenders do important work, hiring your own lawyer is simply your best bet if you can afford it.
What Are the Downsides of Hiring a Private Attorney?
The biggest downside is cost. Private attorneys often charge hundreds of dollars per hour. Simple misdemeanor cases can cost a few thousand dollars. Serious felonies that go to trial could cost tens of thousands. It’s a major investment. However, considering what’s at stake, the cost may be worth it if you can make it work.
Some other potential downsides include:
- No guarantee who you hire will be better than a public defender
- May feel pressure to take a plea deal to avoid trial expenses
- Lawyer could drop you if you run out of money
This is why it’s so important to research attorneys very carefully before hiring one. Schedule consultations with a few experienced criminal defense lawyers. Discuss your case details to get their take on your options. Ask lots of questions to understand how they work with clients. This helps find someone who’s a great match for you.
How Much Does a Private Attorney Cost?
The cost of a private lawyer can vary a lot depending on where you live, the lawyer’s experience level, and the complexity of your criminal charges. On average though, here’s a rough breakdown of what you can expect to pay:
- Minor misdemeanors (shoplifting, simple assault) – $1,000-$5,000+
- Serious misdemeanors (DUI, domestic violence) – $5,000-$15,000+
- Low-level felonies (drug possession) – $10,000-$25,000+
- Violent or major felonies (murder, rape) – $25,000-$100,000+
Those numbers are just estimates. The specifics of your case and where you live can significantly impact costs. Be sure to ask lawyers you meet with what their rates are and what you can expect to pay. Some may offer flat fees while others bill by the hour.
Can I Pay in Installments?
Many private attorneys allow you to pay in installments over time. They understand most people can’t write a huge check upfront. Ask if they offer payment plans and how they work. Just be sure to get all payment details in writing so you know what to expect.
What if I Can’t Afford a Private Lawyer?
If you truly cannot afford a private attorney, don’t panic. While hiring your own lawyer is ideal, a public defender is still far better than representing yourself. Public defenders are skilled attorneys who can provide an effective defense, even with their high caseloads. So don’t feel like your case is hopeless if you can’t afford to hire someone.
How Do I Choose the Right Private Attorney?
Choosing the right lawyer is critical if you decide to hire a private attorney. Here are some tips on finding the best one for your case:
- Search online for lawyers with positive reviews
- Find someone experienced with your charges
- Ask about track record getting charges reduced/dismissed
- Meet with a few lawyers before deciding
- Make sure you’re comfortable communicating with them
- Don’t just choose the most expensive lawyer
Take time to do research and ask candidates plenty of questions. Having an open line of communication with your lawyer is hugely important. Explore payment options to find someone within your budget. With the right private attorney, you can feel confident you have the best defense possible.
The Bottom Line
Getting charged with a crime is frightening. While a public defender is free, hiring your own private attorney may be worth the investment. You get someone with time to dedicate to your case, and who has resources to build the strongest defense. This can lead to better outcomes like reduced charges or dismissals. Do your research to find the best lawyer for your situation.
Need help understanding your criminal charges? Contact us today to discuss your case at no cost. Our experienced attorneys are here to answer your questions and help you make the smartest decisions during this difficult time.
References
[1] Source link about public defender caseloads
[2] Source link about private attorney resources
[3] Source link about private attorney outcomes