Can you have a public defender and a lawyer at the same time?
Asked by: Destinee O'Hara | Last update: July 24, 2025Score: 4.2/5 (3 votes)
Typically, the answer is no. People have public defender appointed counsel because they are indigent - meaning, their financial circumstances do not allow them to pay for counsel. The presence of a second (and privately paid) attorney usually proves that you are not indigent.
Can you get a lawyer if you have a public defender?
If you are facing charges and cannot afford a private attorney, the court may appoint a public defender. While public defenders provide legal representation, some defendants may still wish to hire a private attorney. In most cases, defendants with a public defender are still permitted to hire a private attorney.
What are the downsides of a public defender?
- Lack of options: You don't get to choose the Assistant Public Defender. ...
- Overworked: Unfortunately, Assistant Public Defenders are severely overworked by a never-ending caseload. ...
- Limitations of Choice: Public defenders do not necessarily get to approve or deny what cases they work on.
What percent of cases do public defenders win?
While the success rate for other defense attorneys edged up only from 12% (2008-09 through 2018-19) to 13% (2019-20 through 2022-23), for public defenders it nearly doubled, soaring from 18% to 35%.
Should I go with a public defender or a lawyer of my choice?
If you have the means and the case is serious or complex, hiring a private lawyer is generally advisable. If finances are tight, a public defender can still provide valuable legal representation.
Public Defender VS Private Attorney | Pros and Cons
Why are lawyers better than public defenders?
A private lawyer will have a smaller caseload than a public defender. They will be able to devote more time to building a strong defense strategy for you. More resources. Private lawyers have staff that will help them in your case.
How much do public defenders make compared to private lawyers?
The average entry-level salary for a prosecuting attorney is $51,100, for public defenders it is $50,400 compared with private defense lawyers whose starting salaries average $118, 660.
Has anyone ever won with a public defender?
You can have a successful case with a public defender and even win, but your chances are better with a private attorney who has the time, resources, and experience to devote to your case.
Which attorney has won the most cases?
Settings. Gerry Spence is widely considered one of the most successful trial and criminal attorneys in America. He has never once lost a criminal case — either as a prosecutor or a defense attorney — and he hasn't lost a civil case since 1969.
Why do people not like public defenders?
Public defenders are often overworked
Beyond that, they may lack personal experience with the specific type of offense that someone faces. Those who hire their own defense attorneys receive one-on-one attention from their defense lawyer.
Why would you be denied a public defender?
Defendants who cannot afford legal counsel only have the right to free legal counsel if the charge carries a risk of a jail or prison sentence. Thus, a defendant charged with a minor offense such as a traffic violation will probably not be appointed a public defender.
Who most benefits from public defenders?
Final answer: Defendants who cannot afford their own counsel most benefit from public defenders. They ensure that the constitutional right to legal representation is upheld. However, challenges such as high caseloads can hinder the effectiveness of the defense provided.
Do public defenders actually help?
Are Public Defenders Effective? Yes, public defenders are effective because they bring the same passion and dedication to cases they handle as many other lawyers do. They are also well trained in their trade and know that their job is essential to preserve justice in our legal system.
Can you sue a public defender?
MOST MALPRACTICE SUITS AGAINST PUBLIC DEFENDERS HAVE BEEN INSTITUTED IN FEDERAL COURT UNDER THE CIVIL RIGHTS ACT OF 1871, 42 U.S.C. 1983. THE COURTS HAVE UNIVERSALLY DISMISSED THE CASES, USUALLY NOTING THAT PUBLIC DEFENDERS AND COURT-APPOINTED ATTORNEYS DO NOT ACT 'UNDER COLOR OF LAW' FOR PURPOSES OF SECTION 1983.
Do lawyers charge for text messages?
Texting can be a very expensive use of an attorney's time. Most attorneys charge a large fee for their texting time, much more than for an email or letter. This of course depends on a person's individual attorney, but in today's legal world the question of an attorney's cost and use of texting needs to be asked.
Is it bad for a lawyer to lose a case?
Former jurors on a case I lost have come to me as clients. Opponents who prevailed against me have later come to me when their next case surfaced because they recognized who the better attorney was. Don't think the loss is a loss. It is a learning experience and can produce great benefits, including future cash flow.
What are the disadvantages of a public defender?
Disadvantages Of A Public Defender
Public defenders often lack office equipment and the levels of research access that private attorneys have available. Public defenders also can rarely afford to hire investigators to collect evidence to support your case.
Was Joe Biden a public defender?
In 1969, Biden practiced law, first as a public defender and then at a law firm headed by a locally active Democrat, who named him to the Democratic Forum, a group trying to reform and revitalize the state party; Biden subsequently reregistered as a Democrat. He and another attorney also formed a law firm.
How often do public defenders win a case?
According to a study by the U.S. Department of Justice, 76% of defendants with a private attorney were convicted, compared to 88% of defendants with a public defender.
Does having an attorney provide a better outcome?
96% of people who worked with an attorney to resolve a legal matter believe the attorney: Provided them the best outcome or. Decreased their stress or.
What states pay public defenders the most?
- South Carolina. $150,804 Yearly.
- California. $97,808 Yearly.
- Nevada. $92,295 Yearly.
- Washington. $89,252 Yearly.
- Texas. $85,890 Yearly.
Do public defenders get paid if they lose?
Public defenders are generally government employees and receive a salary just like any other employee. Winning or losing a case isn't (generally - there are of course exceptions here where a lawyer might get parts of a settlement, etc.