Public Defender or Criminal Attorney: Does It Matter? (2026)

#criminaljustice #criminallaw

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The decision to hire a criminal lawyer or be assigned a public defender is one of the most important decisions you will make when defending yourself from the government on a criminal case. Is there a difference between hiring a criminal defense attorney or being assigned a public defender from the court? Lets examine the differences:

What If You Receive A Public Defender? Under the United States Constitution, a person charged with a crime has a Constitutional right to a criminal attorney to represent them on a charge that carries jail time as a punishment.

• Positives of a Court-Appointed Attorney
The primary benefit of working with a court-appointed attorney is that the representation is free. Or is it? Technically, the courts in North Texas have been known to make indigent defendants pay the bill of their public defender if they receive probation as a sentence. Under this scenario, the judge requires the client to pay the court appointed bill under a payment plan as a condition of probation. If the court appointed attorney's bill is not paid by the probationer, the court can issue a warrant for a violation of the terms and conditions of probation.

• Negatives of a Public Defender Attorney
Justice System sets up disincentives to work - unfortunately, the justice system pays court appointed attorneys more for court settings and less for hourly work. As a result, it creates an incentive for public defenders to prioritize court settings and ignore phone calls and personal interaction. You must be aware of this issue when working with a public defender.

Less talented attorneys - the justice system pays court appointed attorneys at a lower compensation model than hired attorneys. As a result, you are usually dealing with less talented criminal lawyers through the court appointed attorney system. As a result, you can many times end up paying much more in fines and fees with a public defender than hiring an experienced and aggressive criminal defense attorney.

Court treats you differently - it is hard to believe, but it is a common occurrence in the courts of North Texas for judges to ask attorneys if they are retained or appointed on the case. If they learn a criminal lawyer has been appointed on the case, the judge may not give adequate time for additional court settings to negotiate. Why? The judge does not want to pay the court appointed attorney's bill because it comes out of their budget and the judges are criticized by the commissioner's court by how much of their budget they spend. However, if you have hired a criminal attorney, the judges will be more flexible with you in giving time to negotiate your case.

What If You Hire Your Own Criminal Attorney?

Positives To Hiring Your Own Criminal Lawyer?

You control who you hire! You have the ability to interview a number of criminal lawyers and determine which lawyer is the best fit for you. You can make sure the attorney's personality and style fits your desires.

More personal attention - hiring a criminal attorney allows you to receive more personal attention regarding the review of your evidence and preparation for areas of the case that public defender's do not receive compensation: license hearings, occupational licenses, investigations, etc.

Court gives you more flexibility - as mentioned already, the court provides a hired criminal lawyer more flexibility to negotiate a case and more time in the court system to prepare. This is critical when working to obtain the most favorable result for your case.

Payment incentive for attorney to work for you - hired criminal attorneys have a financial incentive to work for you and obtain the best result. They are not worried about pleasing the judge or anyone else, but you!

Negatives?

Finding the balance between cost and talent in hiring a criminal lawyer - obviously, the more experienced your criminal attorney is, the more they may charge for legal representation. It is important to find a balance between hiring a criminal lawyer that will work hard to obtain a favorable result and the cost associated with what you can afford.

00:00 Public Defender vs. Private Lawyer
00:36 When Can You Have An Attorney?
01:02 What Is The Benefit To A Public Defender?
02:01 What Are The Negatives To A Public Defender?
05:24 What Are The Benefit To A Private Defender?
07:35 What Are The Negatives To A Private Defender?