What is the difference between a prosecutor and a public defender?
Asked by: Tania Deckow III | Last update: January 13, 2026Score: 4.4/5 (26 votes)
One of the critical distinguishing factors is that a prosecutor typically works for the government agency bringing criminal charges and must prove the defendant's guilt beyond a reasonable doubt, while the defense attorney represents the person accused of a crime and attempts to maintain the client's innocence.
Is a public defender the same as a prosecutor?
A defense attorney may work for individual clients who pay for their services. They can also work for the government as a public defender if the suspect can't afford to pay for a private lawyer. A prosecutor represents the office of the district attorney, and they work as a public officer.
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.
Why do prosecutors make more than public defenders?
Due primarily to the political popularity of “tough on crime” platforms among legislatures, prosecutors enjoy greater resources, higher pay, and lighter workloads than their public defense counterparts.
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%.
Public Defender VS Private Attorney | Pros and Cons
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.
What percent of cases do prosecutors win?
What are the Chances for a “Not Guilty” Verdict if a Federally Charged Criminal Defendant Takes the Case to Trial? Statistically not very good. Currently federal prosecutors tout above a 95% conviction rate. This is primarily due to the fact that most cases never make it to trial.
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.
Who is more powerful, a judge or a prosecutor?
Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.
Why would you not qualify for 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 is a criticism of public defenders?
They are widely viewed as undermining the public welfare, of acting immorally, and of inappropriately empathizing with criminals over victims. Poor funding for public defender offices in many jurisdictions underscores what the body politic in those places thinks of unsparingly zealous public defense.
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.
Can you be both a prosecutor and a defense attorney?
Can Attorneys Practice both Defense and Prosecution? It's very uncommon for attorneys to practice both defense and prosecution. The majority of lawyers specialize in prosecuting criminal cases or in criminal defense, rarely both. That said, when attorneys do have experience on both sides, it can be a major benefit.
Do public defenders become judges?
Biden Appointees
That's compared to 1% of circuit judges who spent most of their careers as public defenders or within a legal aid setting. Biden has sought to upend that trend by making it a priority to appoint former public defenders to the federal bench at a historic pace in just one term.
Can a judge overrule a DA?
Even if a judge does not agree with the prosecutor's decision to charge someone with a particular crime, the judge is powerless to undo the prosecutor's action.
Who is the most important person in the court room?
The judge is the central figure in the courtroom and typically is seated higher than everyone else. The judge allows each side the opportunity to present its version of the facts. A court reporter (in superior court), a clerk, and a bailiff each assists the judge with the trial.
Do prosecutors make more than public defenders?
Public defenders are criminal defense attorneys who are paid to defend citizens accused of criminal acts who are unable or do not wish to pay a private attorney. Public defenders tend to make slightly more than prosecutors, according to the NALP.
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.
Can a public defender get charges dropped?
However, your public defender can advocate for your interests by presenting evidence and arguments in court to challenge the charges against you. This may include filing motions to suppress evidence or dismiss charges if there are legal grounds to do so.
Can a public defender get you out of jail?
Public Defense is a Luxury Worth Taking Advantage Of
Either way, a public defender can do a lot for you, including get you out of jail. However, you must have already been appointed a public defender for this privilege, which would mean you have been arrested while already facing pending criminal charges.
Do prosecutors recommend sentencing?
In the state of California, the statements that a prosecutor makes in court could have a massive impact on the judge's final decision. While the prosecution doesn't have the power to sentence the defendant, they could influence the sentencing for better or worse.
Why do most cases never go to trial?
But most cases end pursuant to a plea bargain. Plea deals often make sense for both sides. The government doesn't have the resources to try every case. Plus, it sometimes doesn't want to run the risk of acquittal.
Who has more power a prosecutor or a judge?
the prosecutor has the most power over your case and your legal future. They have discretion to drop or amend charges, and to some extent over your plea. They would also be the ones able to bring new charges against you.