Disclaimer: This content is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Laws and procedures vary by jurisdiction, and every case is unique. If you are facing criminal charges or need legal guidance, you should consult a qualified criminal defense attorney to discuss your specific situation.
Got Criminal Charges?
The first choice you make could impact the rest of your life. This isn’t about the first thing you tell the police, or how you act during an arrest. This is about choosing between a public defender and a private attorney.
It’s not just about money or convenience… This is about your freedom.
The fact is that most people don’t understand the significant differences between these two options. And they assume all lawyers are created equal. But after working in this field for a while, the truth is that it could not be further from the truth.
Here’s what you need to know:
- What the hell is a Public Defender, Anyway?
- The REALITY About Private Defense Attorneys
- The Caseload Crisis: Exposed
- Choosing The Right Attorney For You
What Are Public Defenders Anyway?
Public defenders are attorneys who represent people in criminal cases who can’t afford their own lawyer. They are appointed by the court to act as your attorney.
They are paid by the government (aka, using your tax dollars) and work full-time defending people in criminal matters. The concept of everyone having access to legal representation is a commendable one: everyone deserves access to legal representation, regardless of their financial situation.
Sounds great, right? Well, there’s a catch…They are overworked to the point of breaking. And that’s not an exaggeration.
Public defenders in St. Clair County, Missouri, had 350 felony cases each in 2022. That’s nearly one new felony case every day of the year.
Can you even fathom that? How much time can they realistically dedicate to your case when they have literally hundreds of others?
Private Criminal Defense Attorneys: A Different Story
When it comes to finding the right attorney for your case, criminal defense lawyers in private practice work in an entirely different environment. These lawyers run their own law firms or specialize in criminal defense.
Here’s how private attorneys are different:
- They control their caseload: Private lawyers only take on the cases they can handle
- You’re paying out of pocket: Which means YOU are their priority
- More resources available: Expert witnesses, private investigators, cutting-edge technology
- Specialization is possible: Many focus on a specific type of case
However, let’s be clear: this isn’t a criticism of them here…
Some excellent lawyers genuinely care about their clients and possess the skills of skilled trial attorneys. The issue is not their ability or their dedication. The problem lies in the system they are forced to operate within.
The Caseload Crisis Nobody Wants to Talk About
Do you want to hear something crazy?
Studies show that defendants with appointed counsel were 5.2% more likely to be convicted. They were also given sentences that were, on average, 3.6 months longer.
Why is that?
It’s not because they are bad lawyers. It’s because they physically cannot give enough time to every case they take. When you are handling 300+ felony cases in one year, something has got to give.
And that something is usually:
- Investigation time
- Communication with clients
- Motion filing
- Time preparing for trial
Private attorneys, on the other hand, typically take on a far smaller number of cases. That means more hours on your defense, reviewing the evidence, and talking with you about your case.
The Resource Gap is a Big Deal
Here’s something else most people never consider…
Private attorneys have access to resources that public defenders do not. We’re talking about expert witnesses who can challenge prosecution evidence, private investigators to locate witnesses, forensic testing, and more.
Time is the most valuable resource of all.
When you hire a private attorney, you’re not just paying for their legal knowledge. You’re paying for the time, their team, and their resources to fight on your behalf.
Don’t assume that just because an attorney is public, they will not put in a good fight.
Stats Can Be Misleading
About 82% of felony defendants have a public defender or appointed counsel.
That means the vast majority of people facing serious charges are stuck with an overburdened and under-resourced defender. Research shows that the conviction rates of public and private attorneys are not significantly different in many cases…
But when it comes to sentencing? Now we start to see a trend.
The Cost Factor
Here’s the thing that nobody wants to talk about…
Private attorneys are more expensive. There’s no way around it. Depending on their experience level and location, attorneys can charge anywhere from $200 to $ 600 per hour or more.
Here’s how you should think about this:
What’s the value of your freedom? What’s the value of three extra years in prison? Or five extra years?
Sometimes the most expensive option can actually be the cheapest, in the long run. Many private attorneys offer payment plans, flat fees for particular charges, or will work with financing companies. Don’t think you can afford one without at least checking your options.
Situations When Public Defenders Make Sense
Not everyone needs to hire a private attorney.
There are plenty of situations where they are an excellent choice:
- First-time offenders with relatively minor charges
- Straightforward misdemeanor cases
- Cases where you truly can’t afford any other option
You will also find some public defenders who are excellent trial attorneys. After years of litigating cases, many are familiar with the local court system and all its players. This can be a huge advantage.
Private attorneys are not always better; they are just in a different setting.
When You Should Consider Hiring a Private Attorney
On the other hand, if you find yourself in any of these situations, a private attorney is likely worth the investment:
- Serious felony charges that come with a high risk of long prison sentences
- Complex cases that require expert testimony or a lot of investigation
- Cases with a significant amount of money or private property at stake
- You have a previous criminal history that could complicate your case
The stakes are just too high not to consider every option.
Communication is Key
Here’s a thing that nobody tells you…
The number one complaint from former public defender clients is a lack of communication. When you are working 300+ cases at a time, it is nearly impossible to return phone calls or adequately explain your strategy.
A private attorney can often provide same-day responses, regular case updates, time to explain your options and strategy, and availability when you have questions or concerns. Having peace of mind is something worth paying for.
Specialization is a Big Deal
The final thing about private criminal defense lawyers is specialization.
Need a DUI attorney? There’s a DUI attorney who specializes in DUI cases—facing drug charges? There’s a drug defense attorney who handles nothing but drug cases.
They have seen your exact situation hundreds or thousands of times before. They know which arguments will or won’t fly with which judges. They know how to negotiate with the prosecutor.
Public defenders are by necessity generalists. They handle traffic tickets, domestic battery cases, and murder trials.
The Specialization Advantage
All of these are reasons why a private criminal defense attorney is the best choice when facing criminal charges.
If you are in a position to consider a private attorney, it’s worth doing so. Your freedom, your future, and your family’s well-being are at stake.
This is not the time to be penny-wise and pound-foolish.
The system is designed to wear you down and make you feel helpless. Having the right attorney on your side can make all the difference between a favorable outcome and a life-altering one.
Ask questions. Get informed. Make a decision based on facts.
Because it’s YOUR case and YOUR future.
