What if I don't have a public defender?
Asked by: Dean Maggio | Last update: December 24, 2025Score: 4.6/5 (48 votes)
Sometimes a public defender may not be available. In such a case, the court will appoint a private attorney to represent you. The private attorney is then paid with public funds like the public defender.
What happens if I don't have a public defender?
In states that don't have public defender offices, courts appoint private attorneys who contract (agree) to represent indigent defendants at government expense. Each jurisdiction that employs contract attorneys (also called "panel attorneys") has its own system of appointing and compensating attorneys.
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%.
What are the disadvantages of public defenders?
The most common complaint that we hear is that public defenders have a tremendous workload of cases and it's a volume business. Since they have so many assigned clients, even the best public defender doesn't have as much time as they'd like to spend on each individual case.
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.
Why The Public Defender Doesn't Do Anything
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.
Should I go with a public defender or a lawyer of my choice?
Most public defenders have less experience – Even the most experienced public defenders often lack the same knowledge and skills that many private lawyers have. Since you cannot know who the court will appoint as your public defender, you might even get a lawyer who has never worked on a case before.
Who is the best lawyer who never lost a case?
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.
How long does it take to get approved for a public defender?
Normally you get appointed a Public Defender at initial appearance if you are in jail, or at arraignment if you are out of custody. If he filled out an Affidavit of Indigent Status (presumably at initial appearance) and he qualifies financially, the PD's Office should be appointed to represented him.
Are public defenders free in the US?
Public defenders aren't necessarily free, report says
(NewsNation) — People charged with a crime in the United States are at least guaranteed a public defender, but that doesn't mean they won't have to pay for it, according to a new report.
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.
Why do people get 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.
What happens if I can't get a lawyer?
If you can't afford an attorney, one can be appointed to you by the county or state court system.
What happens if you can't afford a lawyer?
When a court decides someone is "indigent" - with few assets and no funds to pay an attorney - generally either a private lawyer will be appointed by the court and paid with county funds, or a public defender program will be appointed to represent the person.
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.
What is the difference between a court-appointed attorney and a public defender?
Both are paid by the state or federal government, but court-appointed attorneys are paid by the hour, while public defenders are salaried employees. However, court-appointed attorneys are private lawyers appointed by the court on a need basis, while public defenders are county, state, or federal employees.
Should I trust my public defender?
Although there are some public defenders who are seasoned legal professionals, it's important for people to know that this is not necessarily a given and that, in many cases, public defenders are newly licensed attorneys with little legal experience (i.e., people who have just passed the state bar exam).
What happens if you can't get a public defender?
Alternatively, the Courts may have a list of low-cost legal services within the area. This will at least be a good starting point for finding legal counsel that is affordable and able to being the process of providing legal representation. The next course of action is to call around local law firms.
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.
Who chooses to be a public defender?
In the United States, a public defender is a lawyer appointed by the courts and provided by the state or federal governments to represent and advise those charged with a crime or crimes who cannot afford to hire a private attorney. Public defenders are full-time attorneys employed by the state or federal governments.
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. Saved them time.
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.