People & Lifestyle

Should I Hire a Private or Public Defender?

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When a person faces criminal charges, they have a couple of important decisions to make. There’s, of course, the consideration on whether to plead guilty. Next, you have to decide whether to take the punishment recorded by the prosecutor. The most important decision to make, though, is who to hire as your criminal defense lawyer. 

There are two main options for a criminal defendant: private lawyer or public defender. Both options have their advantages and disadvantages, which we have highlighted in this article to help you make that decision. 

Public Defender

A public defender is a lawyer appointed by the courts to attend to your case. The following are the advantages of hiring a public defender:

  • Public defenders are assigned to defenders who cannot afford to hire a private defender and do not wish to self-represent. Therefore, such defendants do not have to cater for lawyer fees that might have been otherwise expensive.
  • Public defenders routinely work with prosecutors and therefore have a better relationship with them; this may be advantageous when making plea deals. Public defenders are also very familiar with most criminal cases with vast expenses.

The following are the disadvantages of hiring a public defender:

  • Public defenders work for the government; therefore, they make less than the private lawyers. Since so many cannot afford lawyer fees for a private lawyer, they always tend to have a more extensive caseload. 
  • It is not uncommon for public defenders to feel underpaid and overworked. These working dynamics raise the chances of these lawyers making mistakes with most of their cases since they lack enough time to prepare.
  • Public defenders will most likely lack adequate time to meet with their clients due to the juggling of tens of cases at a go
  • The public defender may only manage to meet their client just a few minutes before entering a plea. 
  • Public defenders tend to push as many clients to take a plea deal to reduce their large caseload. They intend to escape all the energy, attention, and time necessary to formulate the legal defense required to minimize or prevent a conviction.
  • The client does not enjoy the privilege of picking their lawyer. Public defenders, as stated earlier, are court appointees. If a defendant does not feel satisfied with their assigned public defender, they may find it challenging to get an opportunity to have a new public defender.

Private Lawyer

Private lawyers are attorneys, often in law firms, that a client approaches, consults with, and chooses whether to hire them. Here are the advantages of hiring a Chicago Trusted Attorney:

  • Private attorneys never have nearly as many cases as the public defenders do. The lack of backlog allows them a chance to have a closer relationship with their clients.
  • Time spent with the clients makes it possible for the attorney to get acquainted with their client and discover more information to aid their defense. 
  • They have enough time to identify weakness in the prosecution’s case; this could lead to having your charges dismissed or reduced.
  • There’s greater disposal of resources that aid the defense. For instance, private law firms have the resources to search and can hire expert witnesses to explain critical aspects of your case.
  • They can also access private laboratories to test the evidence meant to be used against you. 
  • Your defense attorney may unearth evidence through private investigators meant to support your case or point the guilt elsewhere. 
  • Private attorneys have the disposal of additional staff like paralegals and associates to help with the case.
  • It’s easy to contact private lawyers through their offices, unlike public defense attorneys that are extremely difficult to get a hold of. 
  • You also have the liberty to choose whether or not to hire a lawyer. 
  • Private attorneys depend on previous clients’ satisfaction to maintain their business, which is an incentive for them to work.

For most people, the only disadvantage of hiring a private attorney is paying for the services. The amount can get quite substantial, especially when dealing with a serious case. However, a private lawyer’s advantages will often outweigh the disadvantage of paying for their services, as it could potentially be the difference between walking free and a lifetime behind bars for their clients.

The Decision Is Yours

Trust your instincts on who to go with. If you are entirely strained financially, you may go ahead and ask for a public defense attorney. However, if you can raise the amount for a private attorney, you must hire a private attorney. Private attorneys increase your chances of winning the case or getting the least possible sentence. Look at your circumstances and carefully decide the option that suits you best.

 

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