Public Defender vs. Private Lawyer

When a person is charged with a crime, they have a Constitutional right to legal counsel. If they cannot afford legal counsel, an attorney will be appointed to defend them.

Many people facing criminal charges think requesting a public defender is a better, more cost-effective option. But this is not always the case. While they are qualified attorneys who work hard to seek justice for their clients, requesting a public defender does not always lead to an optimal outcome.

There are many benefits to retaining a private attorney and hiring one, even if it is a financial stretch, it is likely to result in a better outcome for your case.

What Is a Public Defender?

South Carolina’s Public Defender system is county-based, with each county grouped and divided into 16 judicial circuits within the state. Each circuit has a Circuit Public Defender who is responsible for the administration of services in each of the counties within their circuit.

Circuit Public Defenders are appointed to four-year terms by the South Carolina Commission on Indigent Defense (SCCID) and are employed by the State of South Carolina. Funding for each circuit comes from the State of South Carolina and from each of the counties within that circuit.

Eligibility for Public Defender

To be eligible for a public defender, a criminal defendant must demonstrate financial hardship. This is typically accomplished by completing an application for indigent defense, where a defendant must list their income, assets, and expenses before being appointed legal counsel.

A criminal defendant may be eligible for a public defender in:

1. Criminal cases where incarceration is a possible penalty;
2. Juvenile delinquency cases;
3. Certain family court matters, such as those that involve allegations of abuse and neglect and involve the Department of Social Services.

A criminal defendant who qualifies must complete an application for indigent defense and often must submit an application fee (usually approximately $40). The court will decide whether the defendant qualifies for a public defender.

If you request a public defender and are appointed legal counsel, know that your attorney graduated from law school, passed the bar exam, and is admitted to practice law. They are qualified attorneys who often have extensive experience representing criminal defendants.

Benefits of a Private Attorney

Hiring a private attorney gives you a better chance of obtaining a more favorable outcome. Here are six benefits to choosing a private attorney:

1. Choice. When you request a public defender, you cannot choose your legal counsel. Instead, you must work with whoever is assigned to your case. If you are dissatisfied with your attorney, having a different lawyer appointed can be challenging.
2. Resources. Public defenders are paid by the government and must operate within a specific budget for every case. They must seek court approval for additional case expenses. Suppose your case would benefit from having an expert witness testify to explain a key element of your case. If the court does not approve the additional cost, your case could suffer, and the risk of being convicted increases.
3. Time. No matter how dedicated and competent your public defender is, many public defenders offices are overworked and understaffed. Your appointed attorney might lack the time and resources necessary to thoroughly investigate your case and develop a compelling defense. Additionally, a public defender may be less willing to invest time and energy into your case because they receive relatively little compensation, and their fee might be capped.
4. Responsiveness. A private attorney is more likely to make the time to respond to your calls. They will be more likely to invest the effort to thoroughly research your case to ensure the most favorable outcome. A private attorney will also research all potential defenses and work with supporting legal experts who could help to obtain an acquittal.
5. Preparation. While there are many highly qualified public defenders, many have heavy caseloads that could affect the quality of the work they put into a case.
6. Reputation. Because a private attorney relies on satisfied clients to maintain their reputation and receive additional referrals, they have a greater incentive to secure a successful outcome.

Contact Bouley Law Today

If you can afford to hire a private attorney, you should. Even though hiring a private lawyer will cost more money upfront, choosing private counsel can save you money in the long run through a better result, reduced fines, and keeping you out of jail.

Bouley Law is located in Beaufort County, South Carolina and represents people throughout the state. We understand and value the trust our clients place in us, and will stand by your side as we work to safeguard your rights and protect your future.

Contact our law office today to schedule a confidential appointment to discuss your case and how we can help.