What percentage of defendants use public defenders?
Asked by: Amya Skiles | Last update: January 25, 2026Score: 4.9/5 (22 votes)
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.
What percentage of defendants are represented by a public defender?
Nearly 90 percent of federal defendants are represented by court-appointed lawyers, under the Criminal Justice Act. Public representation ensures that all criminal defendants, regardless of their means, receive their right to counsel under the Sixth Amendment.
Has anyone won a case 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.
What is the success rate of a public defender?
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%.
Why do defendants prefer private attorneys over public counsel?
Personalized Attention – Private attorneys handle fewer cases than public defenders. This allows them to offer more personalized attention to each client. A public defender will typically have anywhere from 10-30 cases a day cross their desk.
How to Defend Yourself Against False Accusations In Court | 5 Tips to Handle False Allegation
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.
Why does no one want to be a public defender?
Some of the cons of working as a public defender include a large caseload, pay that is lower than the national average salary for other lawyers, long working hours and a lack of resources.
Who benefits most from public defenders?
The individuals who benefit most from public defenders are those who are accused of a crime and cannot afford to hire a private attorney. Public defenders are essential in ensuring that these defendants have access to legal representation, which is a right protected under the Sixth Amendment of the U.S. Constitution.
How often do defendants win?
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.
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.
Can public defenders turn down cases?
These lawyers are appointed to represent defendants who cannot afford private counsel. 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 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.
Do public defenders get a choice?
It all depends on the attorney who is running the Public Defenders Office (PDO). Most attorneys will be assigned cases and have to take them on unless they can provide a valid reason for trying to decline to take the case. One reason to decline might be that they know the defendant persona... Pretty much.
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.
What percentage of people use public defenders?
(The other pilot program was in Alameda County, California, which includes the city of Oakland; both offices are still in operation.) Then as now, public defenders represent eighty per cent of all people charged with a crime, and they typically work in offices that are underfunded and understaffed.
Why might a defendant prefer private attorneys over public counsel?
The private attorney is going to be able to devote much more time to your case generally than the public defender. The public defender, when they come to court, they may have 20 cases they have to deal with that day whereas the private attorney, you may be the only case.
Do public defenders ever win?
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.
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.
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 is a potential downside relying on a public defender?
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 I tell my 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.
Why would someone 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.