Saving Money by Working with a Public Defender in NYC

Getting Arrested in NYC? Here’s Why You Should Work with a Public Defender to Save Money

If you’ve been arrested in New York City, you’re probably feeling scared, overwhelmed, and unsure of what to do next. The first big decision you need to make is whether to hire a private criminal defense attorney or work with a public defender appointed by the courts. While the obvious answer may seem to be hiring a private lawyer, working with a public defender can actually be the smarter financial move in many cases. Keep reading to understand why.

First Things First: Understanding Public Defenders

Public defenders are attorneys who work for nonprofit organizations that have contracts with local, state, and federal governments to provide legal representation for people accused of crimes who can’t afford to hire their own lawyer. Some key things to understand about public defenders:

• They are real, qualified lawyers – public defenders must pass the bar exam and have a law degree just like any other attorney.
• Their job is to provide the best defense possible – public defenders have legal and ethical obligations to defend their clients vigorously, just like private defense lawyers.
• They have expertise and experience – public defenders specialize in criminal law and handle a high volume of cases, so they often have more expertise than a private lawyer who doesn’t solely focus on criminal defense.
• Their services are 100% free for those who qualify – unlike hiring a private attorney, public defenders provide legal representation at no cost to the client.

Why Public Defenders Can Provide Strong Legal Defenses

While some people assume that public defenders must be less competent than private attorneys since they work for the government, this bias simply isn’t true. Public defenders can and do provide robust defenses that result in positive case outcomes like dismissals, acquittals, and avoidance of jail time.

For example, according to the Vera Institute of Justice, public defenders actually secure better outcomes for their clients than court-appointed private attorneys who are paid hourly rates. And public defenders achieve similar outcomes to private defense attorneys overall.

There are a few key reasons why public defenders perform on par with private lawyers:

• Specialized knowledge – like mentioned above, public defenders focus exclusively on criminal defense and see a high volume of cases, so they become true experts in applying criminal laws and identifying defenses. A private lawyer who also does civil or corporate law simply won’t have the same specialized skills.
• Investigation resources – public defender nonprofits have in-house investigators on staff to help build cases. This level of investigative support isn’t always affordable for those who pay for a lawyer out-of-pocket.
• Passion for the work – attorneys choose careers as public defenders because they care deeply about social justice and defending the legal rights of the disenfranchised. This passion fuels them to work tirelessly on cases.

Of course public defender skills and motivations vary from office to office and attorney to attorney like in any profession. But overall, public defenders are an excellent option for rigorous criminal defense, not a compromise or consolation prize.

Saving Money with a Public Defender

At this point you may be convinced of public defenders’ qualifications – but how exactly do they save you money compared to hiring a private criminal defense lawyer?

Most obviously, public defenders provide free legal services by law to those who demonstrate financial need, whereas hiring a private attorney in NYC can cost you $5,000 – $100,000+ depending on the complexity of your case and projected trial length.

But even if you don’t quite meet the income requirements to fully qualify for a public defender, there are other ways they can save you money on legal fees:

Limited Scope Representation

Many public defender nonprofits now offer “limited scope representation” options for those who don’t qualify for free full representation but still need financial assistance. This means you can pay a public defender a reduced flat fee to handle only certain aspects of your case, like:

• Initial hearing & bail review – $500 – $1,500 flat fee
• Legal counsel & plea deal negotiation – $1,000 – $5,000 flat fee
• Sentencing hearing – $500 flat fee

Piecemealing legal services by task allows you to save money by not paying the high hourly rates of private attorneys for your full case proceedings. And because you only pay a predetermined fee per service, there are no surprise legal bills down the road.

Payment Plans

If you do hire a private lawyer but are struggling to pay their fees, they may eventually hand your case off to another attorney or drop you as a client altogether if you fall too far behind on payments.

But some public defender nonprofits like Neighborhood Defender Service of Harlem offer flexible payment plans to ease the financial burden over time without the threat of losing representation if you can’t pay. This compassionate option prevents people from having to choose between paying legal fees and covering basic living expenses.

The Bottom Line

Facing criminal charges is overwhelming no matter your financial situation. While hiring a private attorney may seem like the best choice on paper, working with a public defender can empower you to:

• Get free legal representation if you qualify based on income guidelines
• Access high-quality defense services on par with private lawyers
• Pay reduced rates for limited scope offerings if you don’t qualify for full free counsel
• Set up doable payment plans to pay legal fees over time

Public defenders get a bad rap in TV and movies, but in reality, they are passionate, knowledgeable attorneys who work hard to protect defendant rights and mitigate sentencing. So don’t rule them out as a money-saving option for your criminal case.

Being arrested puts enough stress on individuals and families without breaking the bank to pay legal fees. So turn to public defenders first when exploring attorney options – your wallet will thank you.

Have you worked with public defenders in NYC before? Share your questions and experiences in the comments!