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Why people hire defense lawyers instead of using public defenders

On Behalf of | Feb 21, 2025 | Criminal Law |

The criminal justice system is incredibly complex. Most people can’t even read the statutes the state alleges they violated, let alone make sense of complicated prior court rulings. Thankfully, the basic rights extended to those accused of breaking the law include the right to legal representation.

People have the option of hiring an attorney. Those without substantial assets or income may be eligible for a public defender. In many cases, people who qualify for a public defender go to great lengths to pay the cost associated with hiring a criminal defense attorney.

Why do many people invest so much in criminal defense representation when they might be eligible for a public defender?

Public defenders have more clients than time

Attorneys who work as public defenders often receive relatively low wages. When compared with private attorneys paid directly by their clients, public defenders do not earn a competitive income. In addition to receiving minimal compensation for the amount of work and knowledge their job requires, they often have dozens of cases at any given time.

A recent review of public defender offices across the state found that most public defenders had far more cases than they could reasonably manage. Often, a heavy caseload translates to a public defender cutting corners regarding client relationships and case research. They push their clients to accept plea bargains or plead guilty, often while talking to them right before a hearing.

They may not have time to look into complex judicial precedents that could benefit their clients. They may only have a little bit of time to allocate to each defendant they represent. As such, their clients may not truly receive the support and advocacy they need to secure justice.

Private defense attorneys focus their attention on a limited number of clients. They may have support staff that help them with research and the development of a criminal defense strategy. Instead of consulting with the client briefly immediately before a hearing, a private defense attorney may have sit-down sessions and regular communication with their clients.

People often get what they pay for, which means that free legal representation may not be the best option. Particularly in cases where defendants are clear about their innocence, they may benefit from incurring the cost involved in hiring an attorney instead of trying to partner with a public defender who doesn’t have the time to focus on their case.

Getting the right support can make a major difference for those developing a criminal defense strategy. Defendants with appropriate legal representation are in the best position possible to avoid a conviction or otherwise limit the consequences of the charges they’re facing.