What percent of cases do public defenders win?

Asked by: Mr. Casey Mohr  |  Last update: November 29, 2025
Score: 4.9/5 (16 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%.

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.

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.

Public Defender VS Private Attorney | Pros and Cons

41 related questions found

Why do most people plead not guilty?

By maintaining a not guilty plea, you ensure that your right to a fair trial is preserved, and the burden of proof remains squarely on the prosecution. Additionally, pleading not guilty allows your defense attorney the necessary time and opportunity to build a robust defense.

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 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.

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.

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.

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.

Why would a judge deny 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.

How to win a defense case?

Learn the trial strategies that our defense lawyers in California use to win criminal trials:
  1. Examine the case. The first tactic employed by our top criminal defense attorneys to win cases is a comprehensive case analysis. ...
  2. Set up a plea agreement. ...
  3. Make use of eyewitnesses. ...
  4. Raising justifiable doubt. ...
  5. Perplexed the systems.

Which lawyer wins 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.

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 is the most popular reason that cases get dismissed?

One of the most common reasons for the court to dismiss a criminal case is insufficient evidence.

How do I get my case dismissed?

While getting a case dismissed isn't guaranteed, there are five easy ways to fight for dismissal in San Jose, CA.
  1. File A Pretrial Motion To Suppress. ...
  2. Participate In A Pretrial Diversion Program. ...
  3. Collect Exculpatory Evidence. ...
  4. Argue That There Is Insufficient Evidence. ...
  5. Challenge Scientific Evidence.

Can you tell your public defender the truth?

Most criminal defense attorneys advise clients to share the whole truth, as it allows them to provide the best possible representation. It's also important to note that even if a client confesses to their lawyer, it doesn't mean they're admitting guilt in the eyes of the criminal justice system.

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.

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.

What percentage of defendants are found not guilty?

​As most cases do not go to trial, convictions were the result in 42 percent of total criminal cases, whereas acquittals were only 0.2 percent of the total. Thirty-one percent of cases resulted in the court dismissing the case, an outcome that does not register as a criminal record for the defendant.

Do public defenders actually help?

In fact, a recently study done by the American Bar Association found that public defenders are often just as effective as private counsel. This study went on to conclude that based on the results, it would “strongly suggest that public defender representation is associated with improved case outcomes.”

What percentage of people who represent themselves in court actually win?

So, using these findings as a barometer, we can assume that your success rate might be roughly 10% to 30% if you represent yourself in court. In other words, your odds of success should improve if you hire an attorney rather than going it alone in court.