What Is The Difference Between a Public Defender and a Private Defense Attorney?

19th June 2023

Private defense attorneys can offer criminal defendants a greater level of resources, attention, and commitment, as compared to public defenders.

Summary

• Indigent defendants facing criminal charges may qualify for a free court-appointed public defender.
• Private criminal defense attorneys can offer clients more attention, specialized experience, and a better outcome in many instances.
• North Dakota defendants facing criminal charges have rights, including the right to an attorney, an impartial jury, and a presumption of innocence.
• Public defenders are often motivated to settle cases quickly, even if it is not in their client’s best interest.

If you’ve been charged with committing a crime, you might be weighing your options when it comes to your attorney. You could be wondering if you should go with a public defender or choose a private defense attorney instead. Whether you’ve been charged with theft or you’re looking at a federal drug charge, your decision is going to be one of the most important you’ve ever made in your life.

The criminal defense attorneys with Sand Law PLLC can’t make this decision for you. But we can promise that we will do everything we possibly can to either reduce the penalties you face or have your case dropped entirely. We have a great deal of experience defending our clients against criminal charges.

And we’re ready to put that knowledge to work for you. If you would like to schedule a free, no-obligation review of your case, reach out to us as soon as possible. Give us a call at 701-609-1510 or use our online contact form.

What is a Public Defender?

A public defender is an attorney appointed by the court to represent defendants facing a criminal charge. But you might be surprised to learn that you can’t just request a public defender. You have to show that you can’t afford to pay for private legal counsel.

Public defenders take cases the court assigns. They can tell you what charges you face, as well as the potential penalties if you’re found guilty. A public defender can also give you an idea of how the court system works in cases like yours.

Since they work for the court, they may oftentimes work in the court’s best interests. That means they will often try to find a resolution to the case without having to go to trial. That will not only save the court time, it will also save money.

What is a Private Defense Attorney?

Private attorneys, of course, are paid legal representatives. They will always work in your best interests. Not those of the court. Private legal representatives will protect your rights at every step and take whatever action you prefer. For instance, your attorney can try to resolve your case before trial. Or, if it’s better for your case, they’ll fight your charges in a courtroom.

Is a Private Attorney Better than a Public Defender?

It’s important to reiterate that a private attorney will always fight to make sure your rights are observed at all times. You can’t count on a public defender doing the same thing. Not only do they typically have very little (if anything) invested in helping you. But they’re often overwhelmed as well. They may have to deal with so many cases that they can’t devote the time it takes to provide you with the very best representation possible.

Private attorneys, on the other hand, cost money. It may be money you might not have. The amount you’ll pay will depend on several factors. You might be paying a flat rate. Or you might pay by the hour. This will vary based on the attorney you hire.

However, many defendants eventually regret hiring a public defender based on money alone. They often find they actually wind up paying more in fees, fines, and other costs when convicted. And these oftentimes add up to more than what a private attorney would have cost.

Should You Hire a Criminal Defense Attorney for Your Case?

These are just a few of the other reasons why you should hire a private defense attorney if possible.

Communication. A private attorney will always keep you informed through every phase of your case. And they’ll be there when you have questions or concerns. If you’re wondering whether you should take a lie detector test, for example, a private attorney will provide a clear, well-thought-out recommendation. You might be lucky if a public defender even returns your call, much less gives you helpful advice.

You have the choice. Public defenders are court-appointed. So you won’t be able to select your legal representative. While you could eventually decide to fire the public defender’s office and go with a paid attorney, you won’t be able to change the one assigned to your case. But with a private attorney, you have complete control. You can do your research and find out what kind of experience and track record they have in cases similar to yours.

Better results. Public defenders typically can’t deliver the results that private attorneys can. A private attorney, on the other hand, will be incredibly motivated to win your case. The more cases they win, the more clients they will be able to obtain.

And, yes, the more money they will make. Private attorneys will leave no stone unturned in order to prove a client’s innocence. If you’re charged with a DUI, for instance, a private attorney will see if any element of your arrest was unlawful. Public defenders, for the most part, simply won’t be that motivated to dig deep into your case.

Steps in a Criminal Case

There are typically several stages in a criminal case. While the details can vary depending on the case’s nature and other factors, general steps include the following:

• Investigation: Law enforcement authorities investigate alleged criminal activities, gather evidence, and interview witnesses. If they feel there are sufficient grounds, they then seek an arrest warrant.
• Arrest: Police arrest the investigation target and read them their Miranda rights.
• Booking: Authorities bring the suspect to the police station for processing. This processing includes recording personal information, taking photographs and fingerprints, and creating an arrest record.
• Initial appearance: The suspect appears before the court, which informs them of the charges. The judge may then set bail.
• Bail hearing: If the judge grants bail, the defendant can argue for a hearing to argue for a lower amount or to ask the court to release them on their recognizance.
• Arraignment: The court formally presents charges to the defendant, who then pleads guilty, not guilty, or no contest.
• Discovery: The prosecution and defense exchange information and evidence relevant to the case to prepare for trial.
• Pretrial motions: Attorneys will sometimes file motions to request actions of the court. These can include evidence suppression or charge dismissal. The judge will then rule on the requests.
• Plea bargain negotiation: The defense attorney and prosecutor may negotiate a deal. For example, the deal may include the defendant pleading guilty to a lesser charge in exchange for a reduced sentence.
• Trial: If the two sides don’t reach a plea deal, the case goes to trial, where the defense and prosecution present their arguments to the jury.
• Verdict: The court renders a guilty or not guilty verdict.
• Sentencing: The judge informs the defendant of their punishment.
• Appeal: The defense or prosecution can appeal the decision to a higher court if they don’t agree with the verdict or sentence.

Involving a private criminal defense lawyer in the process as early as possible is a good way to protect yourself.

Factors to Consider When Choosing a Defense Strategy

You and your attorney will consider many factors when deciding on a defense strategy. These factors include the nature of the charges, strength of the evidence, witness credibility, the defendant’s criminal history, etc.

Potential legal strategies include self-defense, insufficient evidence, and lack of intent. You may have a solid alibi that could lead to your acquittal or the dropping of charges.

Understanding Your Legal Protections

It’s critical you understand your rights as a defendant in a North Dakota criminal case. These include the following:

• Miranda rights: The arresting officer must inform you of your right to legal representation and your right to remain silent during interrogations.
• Presumption of innocence: The prosecution has to prove you’re guilty beyond a reasonable doubt.
• Unreasonable search and seizure protection: If law enforcement obtained evidence illegally, the court could throw it out.

The Sixth Amendment of the U.S. Constitution outlines additional rights for criminal defendants. Under the Constitution, you also have the right to the following:

• Speedy and public trial: The government must bring its case against you in a timely manner and court proceedings must be conducted in the open.
• Legal representation: You are entitled to have a licensed attorney advocate for you.
• Impartial jury of your peers: The jury must be selected from a representative sample of locals who are willing to make an unbiased evaluation of the facts.
• Identity of your accusers: As a criminal defendant, you are entitled to be informed of who is pursuing the charges against you.
• Knowledge of the charges and evidence: Prosecutors must explain what you are being accused of doing and share any evidence they have, whether it is incriminating or exonerating.

If your rights are violated at any point during the process, you may have grounds for an appeal.

Talk to a Criminal Defense Attorney About Your Options

Whether you’re facing years in prison or you’ve been charged with a relatively minor offense, your best bet will always be to go with a private defense attorney if at all possible. A private attorney will have the expertise, motivation, and time to help you achieve the best possible result in your case.

At Sand Law, we have years of producing positive results for our clients facing criminal charges. We will never make any promises regarding how your case will turn out. However, we can guarantee you’ll never work with an attorney who will work harder on your behalf. We know how frightening a time this is in your life.

We’ll do everything we can to help you put this chapter behind you in the most favorable manner possible. If you would like to learn more about what we may be able to do for you, please get in touch with Sand Law as soon as you can. Contact us online or call 701-609-1510 for a free consultation with no strings attached.

Frequently Asked Questions

Do I have to have a lawyer represent me in a criminal case?

Although you are allowed to waive your right to counsel, forgoing professional legal representation when facing criminal charges is highly inadvisable. It’s still a good idea to hire an attorney even for minor criminal charges. Both public defenders and private defense attorneys are more likely to have the skill set and understanding of the legal system required to effectively represent you.

They will be familiar with evidentiary standards, your rights as a criminal defendant, and the responsibilities of the prosecution. Additionally, they are able to view your case more objectively than you can and identify its strengths and weaknesses.

What can I do if my public defender screws up my case?

If your public defender mishandles your criminal case, you have a few options available to you. When you are still in the midst of your case, you may be able to request a change of legal representation by providing evidence of their incompetence or misconduct. If you can’t afford a private defense attorney, the state may appoint you another public defender from the same office.

If the case is over, you may be able to appeal your conviction or sentence based on ineffective counsel. You can also file a complaint against your original public defender for certain offenses. In North Dakota, defendants can file a written complaint about their public defender with the Commission on Legal Counsel for Indigents, as well as the Disciplinary Board of the North Dakota State Bar Association.

Can I switch from a public defender to a private defense attorney?

Yes, you can potentially change your attorney with a Motion to Substitute counsel. A judge may grant the request to drop your public defender in favor of a private defense attorney in certain situations. For example, if a public defender is providing ineffective counsel because they are biased or overwhelmed by their caseload, the judge may agree to a change of counsel.

Defendants should carefully consider the implications of switching their legal representation before doing so. Changing legal counsel in the middle of a trial can disrupt your defense strategy. Your new criminal defense lawyer may not have had adequate time to familiarize themselves with the facts of your case or formulate a plan to defend your position.