The decision process with respect to a criminal case comes all at once when you are charged. One of the most significant is choosing a representative for you.
If you are not in a position to afford an attorney, then perhaps the public defender qualifies for your case. When hiring a private criminal defense lawyer on your own, you are able to select one. Both of them are lawyers who practice criminal defense, but the route you take to get that representation and your level of choice can vary greatly.
For the majority of us, it boils down to some practical questions. Can you afford private counsel? Are you eligible for a public defender?
At J. MacGyver Law, we urge people to question those questions before deciding that one option is always better than the other (and most health and beauty promoters will tell you it is!).
Key Takeaways
- Public defenders represent qualifying defendants who cannot afford private counsel.
- A private criminal defense lawyer is chosen and hired directly by the client.
- Hiring privately gives you more control over who handles your case and what communication expectations are set from the beginning.
- Public defenders are criminal defense attorneys and should not be dismissed simply because they are court-appointed.
- Cost matters, but so do experience, communication, case complexity, and your comfort with the lawyer representing you.
- No attorney—public or private—can guarantee the outcome of a criminal case.
What Is the Main Difference Between a Public Defender and a Private Lawyer?
The simplest difference is choice.
If you qualify for a public defender, an attorney is assigned through the court system. You typically do not interview several public defenders and decide which one you want.
With private counsel, you do.
You can research attorneys, schedule consultations, ask questions, compare fees, and decide who you feel comfortable hiring. That gives you more control over the relationship before the attorney begins working on your case.
There are a few other important differences:
- Public defender representation depends on eligibility. In Florida, a person seeking appointed counsel generally has to qualify financially.
- Private counsel does not have an income requirement. You hire the attorney under an agreed fee arrangement.
- Your ability to select the attorney is different. Public defender clients generally receive an assigned lawyer, while private clients choose their lawyer.
- Communication can work differently. With a private attorney, you can ask before hiring how calls, updates, meetings, and court appearances will be handled.
None of these differences means that one lawyer is automatically more capable than the other.
Who Can Get a Public Defender in Florida?
Not everyone charged with a crime automatically receives a public defender.
Florida generally requires a person seeking court-appointed representation to apply for indigent status. The court system considers financial information when determining whether someone qualifies.
The type of case also matters.
Public defenders represent qualifying defendants in criminal proceedings where appointed counsel is available under Florida law. There are situations where appointment may not be available, including certain cases in which the court has determined that incarceration will not be imposed.
So, being arrested does not necessarily mean a public defender will automatically be assigned.
If you are unsure whether you qualify, the court can explain the application process and the financial information you will need to provide.
Is a Public Defender Free?
People often describe a public defender as a “free lawyer,” but that description can be a little misleading.
You do not hire a public defender through the same type of private fee agreement you would use with a retained attorney. Public defender representation is part of the court-appointed system for qualifying defendants.
However, Florida law can still involve application fees, court costs, or other financial obligations depending on the circumstances.
Private counsel works differently. The lawyer sets the fee for representation, and you decide whether to retain that attorney under those terms.
Before hiring anyone, make sure you understand what the fee actually covers. A quote may cover the entire case, or it may apply only to a certain stage.
Ask questions before signing an agreement.
Can You Choose Your Public Defender?
However, this does not give you the same liberty to pick a public defender that one has in terms of privately hiring an attorney.
That difference means more to certain defendants than others.
With a private criminal defense attorney, you can sit down and chat before a decision is made. You want to know how much criminal defense they do, if your charges are something they have worked with before, who you will be seeing in court, and whether or not the lawyer is accessible.
You can also sense something that cannot be quantified on a piece of paper: Your trust for the person.
Criminal cases can have personal, embarrassing or difficult facts. You must feel comfortable speaking freely with your attorney. The harder part is developing that attorney-client relationship if you do not feel comfortable doing so.
Are Public Defenders Good Criminal Defense Lawyers?
Many public defenders spend most or all of their professional time handling criminal cases. They may have significant courtroom experience and familiarity with local judges, prosecutors, procedures, and common criminal charges.
Their court-appointed status does not tell you whether they are a good lawyer.
A better way to evaluate representation is to look at what is actually happening in your case.
Do you understand what comes next? Has your lawyer explained the charges? Can you communicate important information? Do you know what decisions may need to be made?
Those questions matter whether you have a public defender or private counsel.
Why Do Some People Hire a Private Criminal Defense Lawyer?
For many clients, the biggest reason is the ability to choose.
You can look for a lawyer whose prior work matches your case. Instead of finding out after assigning counsel, you can also talk about expectations upfront before hiring them.
That matters when you have a serious case or there is complex evidence at issue.
If for example, recall here several witnesses witness statements digital records charges collection multiple expert evidence disputed police misconduct these are complex cases where defence may need due to the department systems or processes being in question. In those situations, you might want to start asking the attorney very specific questions regarding how they go about investigating and planning a case.
At J. MacGyver Law you work directly with attorney Jesse MacGyver Morse. He has served as a Pinellas County prosecutor and exclusively represents criminal defense cases in Florida.
Request a Lawyer’s CallbackWhat Are the Downsides of Hiring a Private Lawyer?
Cost is the obvious one.
Private criminal defense representation can be expensive, especially when a case becomes complicated or proceeds toward trial.
That does not mean the most expensive lawyer is the best choice.
Price alone tells you very little about whether an attorney is a good fit for your situation. A high fee does not guarantee a favorable result, just as a lower fee does not automatically mean poor representation.
Instead, ask what you are paying for.
Find out whether the fee includes court appearances, motions, trial preparation, negotiations, and trial. Ask whether investigators, experts, or other outside costs are separate.
Knowing the scope of the fee makes it easier to compare attorneys fairly.
When Might a Public Defender Make Sense?
A public defender can be a reasonable option if you qualify and paying for private counsel would put serious pressure on your finances.
It may also make sense to continue with appointed counsel if you are comfortable with your attorney and feel that your case is being handled appropriately.
There is no rule that says you should hire private counsel simply because you have the ability to do so.
What matters is whether the representation fits your needs.
When Might Private Counsel Make Sense?
If you care about the attorney who will represent you, a private criminal defense lawyer may be what you’re looking for.
If you want to compare lawyers with experience dealing in a specific type of charge, talk specifics about communication expectations before hiring and wanting only one lawyer going forward throughout your case. Private representation may appeal more directly to you.
The severity of what happened also influences how much weight you afford those factors.
Your case carries a significant penalty, or very unusual facts (or both) with any technical evidence involving bioanalytics and/or pharmacodynamics. Multiple charges including aggravated circumstances against-regulation statutes, or substantial exposure outside of the criminal justice process. May make you want to spend more time assessing who represents you.
How Should You Decide?
Start with your situation, not assumptions about either type of lawyer.
Ask yourself:
- Do I qualify for a public defender?
- Can I realistically afford private representation?
- How serious are the charges?
- Is the case unusually complicated?
- Do I want to choose the attorney myself?
- How important is direct communication with that attorney?
- Does the lawyer have experience related to the charges I am facing?
- Do I understand what the lawyer plans to do next?
There is no single answer that works for every defendant.
Two people charged with the same offense may make different decisions because their finances, priorities, evidence, and legal circumstances are different.
Speak With a Sarasota Criminal Defense Lawyer
Consultation can help you to get a better understanding of what private representation looks like, so that when/if you are deciding whether or not it makes sense in your situation, have the entire picture before committing.
Jesse MacGyver Morse, former Pinellas Co. prosecutor and current criminal defense attorney for charged individuals in Florida client care is handled directly by Jesse at J. Macgyver Law
We can take a look at the facts of your case, talk about what charges you are dealing with and how we would want to represent it.
Contact J. MacGyver Law today to set up a complimentary consultation!
Frequently Asked Questions
Q. Is it better to have a private attorney or public defender?
A: Not necessarily. Public defenders and private criminal defense lawyers are both types of attorneys that represent individuals charged with crimes. With Private Counsel, you can be more choosy in your Attorney selection, but that does not mean a better outcome.
Q: If I have a public defender, can I hire an attorney?
A : For many cases you may keep your private attorney after appointed counsel. But timelines are important, particularly as hearings or trial dates loom.
Q: What should I do if the cost of hiring a private criminal defense lawyer is too high?
A: You could possibly petition the court for a publicly appointed attorney. Florida uses income-based financial eligibility standards to decide if a person can have public representation or not.
Q: Will a private attorney do better?
A: No, criminal defense lawyers are unable to promise a dismissal or an acquittal (or even just having the charge being reduced) in exchange for their representation. It depends on evidence, the law, negotiations and court rulings.
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