What is the difference between a public defender and private attorney?

Public Defenders vs Private Attorneys

If you’ve been charged with a crime and can’t afford a lawyer, you may be able to get a public defender appointed to you. But is a public defender as good as hiring your own private attorney? There’s some big differences that are good to understand.

What is a Public Defender?

A public defender is a lawyer who works for a government agency providing legal services to people who can’t afford them [1]. Key things about public defenders:

• Funded by the government
• Salaried positions with benefits
• Large caseloads of up to hundreds per year
• Only option for many low-income defendants

So they provide legal representation to those who otherwise couldn’t afford it.

What is a Private Criminal Defense Attorney?

A private criminal defense attorney is one you hire and pay for yourself. Key things about private attorneys [2]:

• Paid by clients, not the government
• May be small firms or solo practitioners
• Take cases selectively
• Costs can be over $100 per hour

So they offer legal services to those who can afford to hire them.

Caseload Differences

Public defenders handle a huge volume of cases. A typical caseload is 200-300 misdemeanors or 150-200 felonies per attorney per year [3]. Private attorneys are more selective and take on fewer clients. This allows more time and attention on each case.

Investigation and Resources

Public defenders have limited budgets for expert witnesses, investigations, research, and other resources. Private attorneys can devote more resources to building the strongest defense [4].

Level of Experience

Public defenders gain a lot of courtroom experience quickly due to their high caseloads. But private attorneys with focused practices often have more experience with specific types of cases like DUIs or drug crimes [5].

Client Choice

With private attorneys, you choose who represents you. With public defenders, you get who is assigned. Having a say leads to better attorney-client relationships [1].

Incentives and Motivation

Public defenders have a steady salary and don’t need to worry about retaining clients. Private attorneys’ livelihood depends on client satisfaction and successful outcomes [6].

Flexibility and Availability

Public defenders work normal business hours and have limited availability due to high caseloads. Private attorneys may provide evenings and weekend availability and be more responsive [2].

Cost Differences

Public defenders are free for those who qualify. But you may have to pay some fees if you have assets. Private attorneys often charge $100-$500 per hour with retainers from $1,000 to $25,000+ [3].

Do Public Defenders Get Better Plea Deals?

Not necessarily. Their relationships with prosecutors may help, but private lawyers can also negotiate effectively. Don’t assume a public defender will get you a better deal [5].

Key Takeaways

Main differences between public defenders and private attorneys:

• Public defenders have high caseloads, private attorneys are selective
• Private attorneys have more flexibility and availability
• Private attorneys offer more control in choosing your lawyer
• Private attorneys may devote more resources and investigations
• Public defenders are free, private attorneys can be expensive

Public defenders provide crucial services. But private counsel may offer advantages if you can afford it.