We’ve all heard the Miranda rights read before, probably not in person, but definitely on popular TV crime shows. “You have the right to an attorney, if you cannot afford an attorney, one will be appointed to you…” The differences between a court-appointed attorney and a private attorney are vast, especially when you’re facing serious criminal charges. 

Court-Appointed Attorneys: The Basics 

The right to a court-appointed attorney, also known as a public defender, is a Constitutional right guaranteed by the Sixth Amendment. If you’re facing criminal charges and are unable to pay for an attorney, you may be eligible for a lawyer who works at the government’s expense. Court-appointed attorneys work out of the public defender’s office and are only available for criminal cases, not civil cases. 

If you’re facing criminal charges, you’ll have an arraignment, which is your first appearance in court. A court-appointed attorney is not provided to you for this step, however this is when you can request one. The judge will ask if you have an attorney, and if you do not and cannot afford one, you can ask for one to be appointed to you. 

The process of acquiring a court-appointed attorney is not automatic, just because you request a public defender does not mean you’ll receive one. The judge will ask you some financial questions as well as have you fill out a questionnaire about your financial situation. Being honest during this process is very important because if you lie about your finances, you could be charged with perjury. 

If your financial situation dictates that you need a court-appointed attorney, one will be issued to you. However, your court-appointed attorney will not be with you during your first court date when you enter a plea to the charges against you. You should enter a “Not Guilty” plea. You have time before your next court date to get in touch with your public defender and review your defense. 

Court-appointed attorneys are an important aspect of the judicial system. Providing defense assistance for people who cannot afford it yields some protection. However, there are several disadvantages to using a public defender versus a private attorney. 

Advantages of Hiring a Private Attorney 

If you’re financially able to hire a private attorney, you should. Public defenders can do a wonderful job, but they are appointed to you and you do not get a choice of who is representing you. Hiring your own private attorney ensures that you get along with the person, they understand your expectations, and they place importance on your case and well-being. 

There are many court-appointed attorneys who do a great job, but the fact of the matter is that they have very full caseloads. Oftentimes they do not have the time needed to spend on every case because they are continuously assigned new cases. Private attorneys choose their own caseload so they know how to schedule their time and avoid being overwhelmed. 

In addition to being able to choose your representation and the advantage of having more time to plan your case with a private attorney, they also offer these benefits over a public defender: 

• Expertise: Private attorneys are experts in their field and know the intricacies of the legal process. A private attorney will know how to craft a strong defense as well as work out a plea deal that is largely in your favor. Private attorneys are familiar with how local prosecutors and judges work, so they can tailor your defense strategy. 

• Attention to Detail: A private attorney wants to win your case. They will interview witnesses, review evidence, examine what happened during their client’s arrest, hire an investigator if needed, and basically elevate the defense strategy for their client. 

• Emotional Support: Private attorneys get to know their clients. They understand that facing a criminal charge brings with it feelings of stress and uncertainty. Private attorneys take the time to support their clients, explain the details of what’s going on to them, keep them informed as the case progresses, and provide compassion throughout the case. 

While success is never guaranteed in any criminal case, defendants with private attorneys tend to fare better than those represented by public defenders. With more resources available, private attorneys are able to reach plea agreements, avoid convictions, and come to more favorable settlements than those represented by court-appointed attorneys. Every case is unique, however hiring a private attorney definitely has its advantages. 

Choosing a Private Attorney

Going through the process of finding the right criminal defense attorney can be stressful, but putting in the time to find someone you feel comfortable with is important. The legal team at the Law Offices of Robert J. DeGroot has decades of experience and places importance on building relationships with their clients. No matter what charges you are facing, we are here to protect and support you through the legal process. 

If you or someone you know is in need of a criminal defense attorney, reach out to the Law Offices of Robert J. DeGroot today!