Private Attorney vs. Public Defender: The Question Nobody Answers Honestly

You just got charged with a crime. Everybody in your life has an opinion about what to do next. Your uncle says get a private attorney or you're going to prison. Your friend says public defenders are useless. The internet says both things at once.

Nobody is giving you the real answer. So here it is.

The Honest Truth About Public Defenders

Public defenders are real attorneys. They passed the bar. They went to law school. Many of them chose this career because they genuinely believe in defending people. Some of the sharpest criminal defense minds in the country started in — or stayed in — public defender offices.

But here's the part nobody wants to say out loud: most public defenders are carrying between 200 and 400 active cases at any given time. Some offices are worse. A study by the Bureau of Justice Assistance found caseloads that exceeded national standards by two, three, even four times the recommended maximum.

That means your public defender might have 15 minutes to review your file before a hearing. Not because they don't care. Because they physically do not have enough hours in the day to give every case the attention it deserves.

This isn't an insult to public defenders. It's an indictment of how we fund criminal defense in this country. The people doing the work are often exceptional. The system they're working within is broken.

The Honest Truth About Private Attorneys

A private attorney charges you money — typically $5,000 to $25,000 for a standard felony, and $50,000 to $100,000 or more for complex cases or trials.

What does that money buy you? In theory: fewer cases per attorney, more time on your case, more resources for investigation, more leverage in negotiations.

In practice? It depends entirely on the attorney.

Some private attorneys are outstanding. They answer the phone. They file motions. They review every page of discovery. They investigate independently. They prepare for trial even if they expect a plea.

Some private attorneys are terrible. They take your money, assign your case to a junior associate, file nothing, and push you toward a plea deal at the first opportunity. The fee was the point. The defense was an afterthought.

Paying more does not automatically mean better representation. A $15,000 private attorney who doesn't file motions is worse than a public defender who does.

The Question That Actually Matters

Stop asking "private attorney or public defender?" That's the wrong question.

The right question is: "Is my attorney doing the work?"

Because the difference between a good outcome and a bad one isn't about who's paying the bill. It's about whether someone is actually fighting for you. And you can evaluate that regardless of whether your attorney is court-appointed or privately retained.

What to Look For — Regardless of Type

Here's the attorney accountability checklist. It applies to every defense attorney, public or private, $0 or $50,000.

Communication

• Do they return your calls or emails within a reasonable timeframe?
• Can you reach them — or at least their office — when you need to?
• Do they explain what's happening in plain language, not legal jargon?
• Do they tell you the truth, even when it's not what you want to hear?

If your attorney disappears for weeks at a time, that's a problem. If they talk to you in legalese and get irritated when you ask questions, that's a problem. These are red flags regardless of their title or their fee.

Motion Filing Activity

Motions are how defense attorneys fight. A motion to suppress. A motion to compel discovery. A motion to dismiss. A Daubert challenge. A Brady demand.

Ask your attorney: "What motions have you filed or are you planning to file?"

If the answer is zero — and there's no clear explanation for why — that tells you something. Not every case needs a dozen motions, but every case deserves an attorney who has at least considered what motions might apply and can explain their reasoning.

Discovery Review

Discovery is the evidence the prosecution has against you. Your attorney should have received it, read every word of it, watched every video, and identified what helps you and what hurts you.

Ask: "Have you reviewed all the discovery? Can I see it?"

An attorney who can't tell you what's in your own discovery hasn't done the basic work. That's true whether they're getting paid $200 an hour or nothing.

Investigation

Did your attorney investigate anything independently? Visit the scene? Interview witnesses? Hire an investigator? Check the credentials of the State's experts? Examine the calibration records of testing equipment?

Or did they accept the prosecution's version of events at face value?

The prosecution built their case by investigating you. Your defense should be built on someone investigating them.

Questions to Ask Before Hiring a Private Attorney

If you're considering spending thousands of dollars, make them earn it before you sign the retainer.

1. "How many active cases are you handling right now?" — This is the same question that haunts public defenders. If a private attorney has 150 cases, your money isn't buying you more attention.

2. "Who will actually be working on my case?" — Some firms take your money at the partner level and assign the work to a first-year associate. Know who's doing the work.

3. "What is your trial experience with cases like mine?" — Not "how long have you been practicing." Specifically: how many cases like yours have they taken to trial? What were the results?

4. "What does the fee cover, and what costs extra?" — Investigators, expert witnesses, motions, trial prep — some firms charge separately for each of these. Get it in writing.

5. "What is your strategy if we go to trial?" — If they can't answer this before taking your money, they definitely won't answer it after.

Questions to Ask Your Public Defender

If you've been assigned a public defender, don't write them off. Give them the same accountability standard.

1. "What is your current caseload?" — This isn't an accusation. It's information. If they're carrying 300 cases, you know you need to be more proactive about following up.

2. "Can we schedule a dedicated case review?" — A 30-minute sit-down to go through discovery, discuss strategy, and address your questions. This is reasonable to request.

3. "What motions are you considering?" — Same question, same expectation. Public defenders can and do file excellent motions. But you need to ask.

4. "Can I get a copy of my discovery?" — You have the right to see the evidence against you. Exercise it.

5. "What should I be doing to help my case?" — Character letters, treatment programs, employment verification — these things matter at sentencing. Your public defender should tell you what's useful.

The Bottom Line

The best defense attorney is the one who does the work. Full stop.

A public defender who files motions, reviews discovery thoroughly, communicates with you, and prepares for trial is a better attorney than a private lawyer who cashes your check and pushes a plea.

A private attorney who answers the phone, investigates independently, challenges the State's evidence, and fights aggressively is worth every dollar if you can afford it.

The title doesn't determine the outcome. The work does. Your job is to figure out whether the work is being done — and now you know how to check.

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Want a clear-eyed breakdown of your charges, the evidence against you, and the questions you should be asking your attorney — whoever they are? Our Case Decoder gives you the information you need to hold your defense accountable. No legal advice. Just the facts of your case, decoded.

This is legal information, not legal advice. We are not attorneys and do not provide legal representation.