Should I Hire a Criminal Defense Attorney or Use a Public Defender If I am Charged with a Crime?

It isn’t always easy to know how you should proceed when you’ve been charged with a crime. You know you’ll have to get defense and likely will need to appear in court. The facts of your case are important and your likelihood of having an outcome in your favor depends greatly on the legal representation you have in your corner. 

You’ll want to make sure that you have the best possible legal services, so you’ll be prepared for anything that comes your way in the case. You can choose either a public defender or decide if you need the help of a skilled criminal defense attorney. 

Should I Hire a Criminal Defense Attorney or Use a Public Defender If I am Charged with a Crime?

1.  Public Defenders Have a Strong Sense of Commitment

A public defender is most likely going to be committed to you and your case. They’ll have experience in the courtroom and tend to maintain good working relationships with the prosecutors. Public defenders can access resources that private attorneys might not be able to access. They aren’t managing a business alongside practicing law so there won’t be as many distractions. 

On the other hand, you must keep in mind that public defenders tend to be overworked. They represent indigent people and at times this means that they’re allowed to represent up to 400 cases. Cases might feel as though they’re rushed, and you won’t necessarily have everything explained to you. Even if you have questions or concerns, it may take longer to get a response. 

2.  Public Defenders Aren’t Always Attorneys

Some public defenders have only had two years of law school, making them Rule 9 Interns and not actual attorneys. These individuals haven’t graduated from a full law program, taking the bar, and some of them haven’t tried a case. 

They may start volunteering in public defenders’ offices to get experience and, though they do learn that way, it’s not always the most ideal for a complex criminal case. 

3.  No One Has an Automatic Right to a Public Defender

That’s right before you can get an attorney at public expense, you need to go through a screening process. This means that indigent people receive public defender assistance first and foremost. The screening process does vary, but you might need to stand before a judge and prove your financial difficulties under the penalty of perjury. 

Public defenders often aren’t truly working for free. The court may ask that you pay a contribution cost of about $100 to $1,000 or more. The main difference here is that you probably won’t have to pay this until your case has been decided, whereas with a private lawyer you’d pay something in advance. 

4.  Lack of Choice

You won’t get to choose your public defender. If you’re given representation and for some reason, it’s not working out, you do have the chance to fire them and get private counsel at that point. However, it’s not easy to trade public defenders and this is no guarantee. 

If you have been served with a restraining order, it is critical that you obtain legal counsel. Madison Branson Lawyer can advise you and assist you in regaining your belongings by making Court applications (if necessary). This might be accomplished through an exclusion application, which generally necessitates evidence of lawful ownership.

5.  Consider Your Costs

Private criminal defense can vary in cost. Many accept credit cards and even will set you up with a payment plan if it’s necessary. If it turns out you’d have to pay $1,000 to get the assistance of a public defender, it’s probably worthwhile to work with a private attorney. 

6.  Public Defenders May Not Work Out the Particulars

When someone charged with a crime is released from custody, there often are conditions to which they must adhere. This includes electronic home monitoring, no contact orders, and work release. The issue here is that a public defender isn’t going to go above and beyond to help you with these conditions. Their main concern is defending you against your criminal charge, not so much helping you get back into a more normal routine while you await your case disposition. 

7.  Find the Best Legal Representation for Your Situation

It’s your responsibility to get a public defender or a criminal defense attorney. There are pros and cons associated with each of them. The major deciding factor maybe your financial situation, but if this isn’t a huge obstacle for you, consider the possible consequences if you’re released and if you would feel more comfortable choosing the individual who is taking charge of your case. You’ll want someone who you know is going to be on your side, who has a good reputation and is experienced in handling cases that are similar to yours. Regardless of who you hire, ensure that this person and their team will take your case seriously to work towards the best results.