Should I Accept a Court Appointed Public Defender or Hire a Private Criminal Defense Attorney?

By Kevin R. Collins, Esq.

August 2024

As the dust settles from the traumatic experiences of being arrested, booked, and charged with a crime, most people next face a crucial decision: “Should I accept an appointed public defender or hire a private defense attorney?” Deciding between a private criminal defense attorney and a public defender depends on several factors including your financial situation, the complexity of your case, and your personal preferences.

Not everyone qualifies for a public defender. In Gideon v. Wainwright 372 U.S. 335 (1963), the United States Supreme Court determined the U.S. Constitution requires that “indigent” criminal defendants be provided counsel at trial. Courts and states have slightly varying definitions of what exactly indigent means, but Judges will consider a person’s assets, income, debts, and determine whether that person has the financial ability to afford an attorney.  If a person qualifies for a court-appointed attorney, they are not required to utilize their services.  Many individuals ask family members or friends for financial assistance to hire a private attorney.

Factors To Consider When Working With A Public Defender

Pros:

• Cost: Public defenders are provided at little or no cost to those who qualify based on income and financial status. In Massachusetts, an individual’s contribution may range from $0 to $500 depending on their need. This fee can be paid in installments, and none of it is required up front.
• Experience: Public defenders are often experienced in criminal law and are often familiar with the local legal system and court personnel. Public defenders typically practice in just one or two courthouses. Because of this, they are often more familiar with Judges, Clerks, Probation Officers, even the Court Officers. These personal relationships can be helpful when working on a client’s case.

Cons:

• Caseload: Public defenders often have very high caseloads which can limit the amount of time and attention they can devote to each client. At any given time, public defenders can have from several dozen to over 100 cases in their workload.  There is often simply not enough time in the day to devote the necessary attention to their clients’ cases. Crucial motions which need to be written and filed, meetings which need to be scheduled with the prosecutors, and letters written on behalf of their clients are often overlooked. 
• Personal Attention: Due to their workload, public defenders may not have the capacity for extensive personal attention or tailored legal strategies. Public defenders may sometimes not be able to get back to a client’s phone call within a reasonable amount of time. They may not be able to sit in an interview for the time necessary to craft a strong defense.

Factors To Consider When Working With A Private Criminal Defense Attorney

As mentioned above, those who qualify for a public defender often borrow funds from family or friends to assist them in hiring a private criminal defense attorney.

Pros:

• Personalized Attention: Private attorneys generally have fewer cases at one time allowing them to devote more time and attention to each client. This allows private attorneys to be available more often for phone calls and in-person meetings which many clients find very important in a criminal case.

• Custom Strategies: Private attorneys can tailor their legal strategies to fit the specific circumstances of the client’s case and may offer more personalized legal advice.
• Access to Resources: Private attorneys may have greater flexibility in hiring experts, investigators, and other resources. Because they are not limited to professionals who can be reimbursed by the State, private attorneys can retain the best experts in their field to comprise a formidable defense team.

Cons:

• Cost: Hiring a private attorney can be expensive, and fees can vary widely depending on the attorney’s experience, reputation, and the complexity of the case.
• Selection: Finding the right private attorney requires research and consideration, as not all attorneys have the same level of experience or specialization in criminal defense.

How to Decide What Kind of Attorney Is Right for You

• Type of Case: Operating Under the Influence of Alcohol (“OUI“), Firearms Possession, and Drug cases require specialized training and expertise. Private attorneys often have more time to attend training seminars and obtain written manuals pertaining to these specific fields. For very complex or high-stakes cases, a private attorney might be better equipped to handle the nuanced aspects of your defense.

• Experience: Look for a lawyer with substantial experience in criminal defense particularly with cases similar to yours.
• Track Record: Review the attorney’s track record of success including case outcomes and experience with the local court system.
• Client Reviews: Read reviews and testimonials from former clients to gauge satisfaction and effectiveness.
• Personal Preferences: Consider whether you value having more direct communication and personalized service. Private attorneys often offer more flexibility in terms of availability and attention.
• Quality of Representation: Both public defenders and private attorneys can be highly skilled and effective. The quality of representation often depends on the individual attorney rather than his or her status as a public or private defender. Choose someone with whom you feel comfortable and confident in their ability to represent you.

If you are unsure, you should consider consulting with a few attorneys to get a sense of their approach and how they would handle your case. By taking these steps, you can increase the likelihood of finding a criminal defense lawyer who is well-equipped to handle your case and advocate effectively on your behalf.

Attorney Kevin R. Collins has over 18 years of criminal law experience. He has represented hundreds and hundreds of clients, has earned a solid reputation among the legal community, and is happy to consult with you regarding whether his representation makes sense for your case. Contact Attorney Kevin R. Collins for a complimentary consultation today.