What is the success rate of a public defender?
Asked by: Murphy Senger | Last update: June 16, 2025Score: 4.5/5 (27 votes)
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%.
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.
Have public defenders ever won a case?
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.
What are the odds of winning a case with a public defender?
In both Federal and large State courts, conviction rates were the same for defendants represented by publicly financed and private attorneys. Approximately 9 in 10 Federal defen- dants and 3 in 4 State defendants in the 75 largest counties were found guilty, regardless of type of attorney.
How effective are public defenders?
In many cases, public defenders are just as good at their jobs as private lawyers at representing their clients in court. The main issue many people run into when they must use a public defender is that these professionals are very busy.
A Day in the Life of the Public Defender
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 would a public defender be denied?
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 the win rate for public defenders?
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%.
Is it good to go to trial with a public defender?
Public defenders are often underpaid and overworked. Given this and the large number of clients they represent, they may not raise all your defenses and would more likely recommend that you accept a plea bargain in your case—even if you have strong defenses.
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.
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.
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.
What is the conviction rate for public defenders?
Of defendants found guilty in Federal district courts, 88% with publicly financed counsel and 77% with private counsel received jail or prison sentences; in large State courts 71% with public counsel and 54% with This report uses information from Bureau of Justice Statistics (BJS) data collections that, although ...
What percentage of people using a public defender plead guilty?
We know that, depending on which jurisdiction, anywhere from 60-90% of all criminal defendants need publicly funded attorneys. And then when it is time to come in front of a judge, 90-95% of those people will enter a guilty plea.
Are public defenders forced to take cases?
A public defender generally cannot refuse a case simply because they dislike it or find it challenging. In rare circumstances, a public defender might be justified in stepping away from a case.
What percentage of defendants are found guilty?
NPR and The Economist reported overall conviction rates above 99%. In 2016, out of 1.2 million people tried, only 1,039 were found not guilty - an acquittal rate of around 0.08%. In 2013, the conviction rate reached 99.93%, with 825 people acquitted out of 1.16 million people put on trial.
What is the income limit for a public defender?
This amount changes each year, but for 2021, they are as follows (to get your max allowable income to qualify, choose the line below that represents your situation and multiply that dollar amount by 1.25 or 125%): $12,880 for individuals. $17,420 for a family of 2. $21,960 for a family of 3.
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 disqualifies you from a public defender?
First, if you can afford to hire an attorney, you do not qualify for the services of the public defender and should hire your own lawyer. The Public Defender's Office only represents people who cannot afford to hire an attorney.
Why would a lawyer refuse a case?
A conflict of interest could arise if an attorney has previously represented an opposing party or if the new case could somehow compromise their duties to an existing client. To maintain ethical standards and protect the interests of all clients, an attorney may decline to take on a case where a conflict exists.
What if I don't like my public defender?
In California, you do have a right to make a motion if there is an extreme conflict with the attorney, but otherwise, the Public Defender's office can assign anyone they choose to your case. Just because you have the right make the motion to the court does not mean that the court will agree with you.
What are some disadvantages of the public defender system?
The most important disadvantage of working with a public defender is that you aren't given a choice of legal representation. The court appoints an available public defender. If you're unhappy with the public defender's performance, it's probably going to be difficult to get a new public defender.
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.
Do lawyers only take cases they can win?
Attorneys Do Not Take Every Case Presented to Them
Some people think that an attorney takes on every case presented to them. This is a misunderstanding of how the legal field works. There are specific reasons why an attorney may refuse to take on any case, including personal injury cases.