In the United States, every individual accused of a crime is entitled to legal representation. A lawyer can be the difference between a not-guilty verdict and being sentenced to years of imprisonment. If you are facing criminal charges, it is crucial that you understand the difference between public defenders and private attorneys to ensure you find the legal team that is best for you. Reach out to an experienced Bergen County criminal defense attorney to discuss your case and secure skilled legal representation today.
A public defender is a lawyer who works for the state or federal government. They are appointed by the court to represent individuals who do not have the financial resources to hire their own attorney.
A private attorney is a lawyer who is hired and paid by an individual in exchange for legal representation in a case. Private attorneys can operate independently or as representatives of a law firm.
One of the biggest differences between a public defender and a private attorney is that public defenders are appointed, while private attorneys are chosen and hired. You are likely familiar with the section of the Miranda Rights that goes “You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.” When an attorney is appointed to represent you because you cannot afford one on your own, they will be a public defender.
Another difference between the two types of legal counsel is that public defenders are provided to defendants at little to no cost. On the other hand, clients pay private attorneys for their services. The fees the attorney charges vary based on experience, the complexity of the case, and the payment structure, among other things.
If a public defender represents you, you do not have the ability to choose the specific lawyer that you will work with. Instead, the court decides on your behalf, likely based on the type of case, the attorney’s experience, and other court logistics. Choosing to hire a private attorney allows you to vet potential representation before selecting them to ensure that you find someone you trust and will work well with.
Unfortunately for many, public defenders are often overworked and underpaid. They are generally assigned several cases at once, whereas private attorneys have much less on their plates and can therefore put more time into each case. Private attorneys tend to communicate more frequently with their clients.
Choosing the right lawyer to represent you and defend your case is a serious decision, so it is imperative that you fully understand your legal rights and options. Reach out to an experienced attorney at the Law Office of Attorney Conway to set up a consultation and secure skilled representation today.
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