It is sometimes a difficult choice between using the Public Defender who may be free or a private attorney. A common question lawyers receive is which is the better option. Like many things, the choice is a complicated one with pros and cons on both sides.

Public Defenders are very experienced lawyers. They try criminal and serious traffic cases every day. They know all of the judges and prosecutors. They also know possible defenses and issues to raise in your case.

Unfortunately, Public Defenders are overworked and have a large caseload. They may not be able to reach out to you or return your call until the trial date. They may not be able to even look at your file until the court date. They may have a half dozen cases or more on the docket and likely will not have much time to prepare your case.

On the other hand, a private attorney only has your case on the docket. He or she can speak with you multiple times before court, gather evidence, and develop a strategy on defending the charges. A private attorney can also recommend mitigation steps such as a treatment program, counseling, anger management, or a Victim Impact Panel.

The choice on whether to use the Public Defender or retain private counsel is not always easy. One thing is for certain. It is important to have an attorney, whether it be a Public Defender or private lawyer, in any case where incarceration is a possibility.