Private Defense Attorneys vs. Public Defenders

Article by BDH Law Office – Your Minnesota Criminal Defense Solution

People often charged with a crime often don’t worry about hiring a defense attorney right away, assuming that they can mitigate the cost of representation and just go with a public defender. After all, the public defenders went to the same law school as the fancy-pants private defense attorneys, right? They took the same bar exam and enroll in the same continuing legal education classes, right? This is all true, but getting a public defender is not that easy, and it’s not always that effective.

In Minnesota, specifically, available public defenders are few and far between. Because of the lack of funding to hire more, counties in Minnesota are getting stricter regarding who qualifies for a public defender. Simply not wanting to pay for private counsel is not enough to qualify, anymore. You have to be unable to afford your own attorney. If the court determines that you can indeed afford to pay an attorney, they will not grant you a public defender. If you still choose not to hire a private attorney, you’re on your own.

From an effectiveness standpoint, I would never say that public defenders aren’t as good of attorneys as private attorneys. I will say, however, that they often have a severely overloaded workload. This means that each case they are in charge of may not get the same type of attention that they would get if they were in the hands of a private attorney who is allowed to pick and choose his cases more carefully to ensure he or she is not overworked. The very nature of the public defender’s job leads them to be more willing to convince you to settle cases that could potentially be won at trial. Their job is the same as a private attorney’s: Act in the best interest of the client. However, PD’s are human, and if they see an opportunity to settle a case before trial, that represents an opportunity for them to lighten their workload a bit, and it’s possible that they will present such a plea bargain to you in a more favorable light. Accepting a plea deal may not be a bad idea, but it might not be the best idea in resolving your specific case.

In summation, most people charged with crimes don’t qualify for public defenders because they simply make too much money. Each county is different in their requirements, but with defenders being stretched thinner and thinner, restrictions will continue to get harsher, meaning more people will be forced to find a private criminal defense attorney. If you have been charged with a crime in Minnesota, contact a private Minnesota criminal defense attorney immediately for a consultation. The quicker you get representation, the better your odds are of obtaining a favorable result in your case. Don’t hesitate. Call or email a criminal defense lawyer today.

About the Author

BDH Law Office is your criminal law solution in Minnesota. Their areas of practice include DWI’s, felonies, misdemeanors, probation violations, juvenile crimes, expungements, and traffic violations. Free consultations are offered, and meeting locations are flexible to meet your needs.