When you’re facing criminal charges in New Jersey, one of the first decisions you’ll need to make is whether to work with a public defender or hire a private criminal defense attorney.
Public defenders play a vital role in our justice system by providing legal representation to those who cannot afford private lawyers. However, not all situations are the same. A public defender may not be the right fit for every case. There are significant advantages to hiring a private criminal defense attorney, depending on your charges and the attention your case requires.
The criminal defense lawyers at Keith Oliver Criminal Law know how stressful this decision can be. We offer free case evaluations so you can talk to our experienced team and make an informed decision about your legal counsel. Call us today to learn more.
What Does a Public Defender Do?
Public defenders are licensed attorneys appointed by the court to represent anyone who cannot afford to hire a private lawyer. The New Jersey Office of the Public Defender provides legal services to defendants facing indictable offenses, juvenile delinquency charges, and certain other criminal matters.
Public defenders are highly dedicated legal professionals. They typically have experience handling a wide range of criminal cases. The downside is that they are frequently assigned dozens of cases at a time. That limits the amount of personal attention they can give each client. Furthermore, unlike private attorneys, defendants don’t select their own public defender. The court or public defender’s office assigns one based on availability and workload.
While public defenders work hard and fight for fair treatment for their clients, their limited time and resources can be a disadvantage in complex or high-stakes cases.
Main Differences Between a Public Attorney vs Private Attorney
While public defenders and private attorneys are licensed attorneys trained to defend criminal charges, their workloads and client interactions can be very different.
Caseload and Time Availability
Public defenders are often responsible for managing dozens of cases simultaneously. They have heavy workloads and limited time to dedicate to each client. In contrast, private attorneys typically manage a smaller caseload. This allows them to spend more time analyzing the evidence, preparing a defense strategy, and communicating with their clients.
Access and Communication
Private attorneys are generally more accessible to their clients. Depending on your specific lawyer, they may offer regular updates, strategy sessions, and direct communication. Public defenders have demanding schedules and limited availability for meetings or phone calls. This can lead to gaps in communication, which leaves clients feeling lost.
Resources for Case Preparation
Court-appointed attorneys are publicly funded. They usually have tighter budgets and fewer external resources. On the other hand, private defense firms typically have greater access to private investigators, expert witnesses, and specialized consultants. They also have more time to research legal issues and prepare motions.
Control and Choice
The last major difference is choice. When you hire a private criminal defense attorney, you have the ability to choose who represents you. You can look for someone with your preferred experience, approach, and communication style. With a public defender, you have little to no control over who handles your case.
What to Expect from a Private Criminal Defense Attorney
A defendant directly hires a private criminal defense attorney to provide personalized legal representation. Private attorneys often work closely with their clients to develop customized legal strategies. Because they can devote more resources to a single case, you can expect more thorough preparation, more frequent communication, and a strong, proactive defense.
Keith Oliver Criminal Law takes an aggressive approach to every case we handle. Our clients receive one-on-one attention from experienced New Jersey attorneys. We intentionally limit our caseload so you can get the focused, personalized defense you deserve.
Key Factors to Consider When Choosing
Several important factors can help determine which option is the best fit for your situation:
- The charges – The more serious or complex your charges, the more you need dedicated legal representation. If you are facing felony charges, potential jail time, or long-term consequences, a private attorney may offer a more comprehensive defense.
- Financial situation – Public defenders are appointed at no or minimal cost for those who qualify based on income. The cost of a private attorney can vary widely. Many private attorneys offer payment plans or flat fees for certain types of cases.
- Desired level of involvement – Private attorneys often allow for a more collaborative relationship. Clients may have greater input into decisions, from how to handle plea offers to whether to go to trial.
- Availability – Time-sensitive matters, such as early motions, bail hearings, or rapidly unfolding investigations, often require immediate legal attention. Private attorneys are generally able to respond faster than public defenders.
Ultimately, hiring a private attorney is an investment in your future. Personalized legal representation can make a meaningful difference in your case outcome, especially when you face serious felony charges.
Public Defender vs Private Attorney: Case Scenarios
Here are some case scenarios that illustrate the difference between having a public defender and a private attorney.
Misdemeanor Theft Charge
For a lower-level offense such as shoplifting or petty theft, a public defender may be sufficient, especially if you can’t afford private counsel. Some offenses can be resolved quickly through a plea. However, if you’re convicted or plead out, you’ll still have a permanent criminal record.
Felony Drug Distribution Charge
For serious felonies, like drug distribution or trafficking, a private attorney is more likely to have the time to build a thorough defense. This often includes conducting an independent investigation, filing motions to suppress evidence, and consulting with forensic or legal experts.
Contact Our NJ Criminal Defense Attorneys to Learn More
If you are trying to decide between a public defender and a private attorney, consider speaking with a local criminal defense attorney. Keith Oliver Criminal Law is committed to providing clear communication and aggressive advocacy from start to finish. Contact our office today to learn how a private criminal defense attorney can help protect your rights and your freedom.