Public Defender VS Private Attorney
Finder Law Serves Clients Across Jefferson City, Columbia, and Central Missouri
Kara McNabb • April 3, 2025
The Difference Between Private Attorneys and Public Defenders in Missouri: A Legal Perspective
When facing criminal charges in Missouri, one of the first decisions a defendant must make is whether to hire a private attorney or to rely on a public defender. Each option has its own advantages and disadvantages, depending on the circumstances of the case. Understanding the differences between private attorneys and public defenders can help defendants make an informed choice about their legal representation.
What is a Private Attorney?
A private attorney is an attorney hired by the defendant to represent them in a criminal case. These attorneys operate independently of the government and typically charge fees for their services. In Missouri, private attorneys are often found through referrals, online directories, or through personal networks.
Advantages of Hiring a Private Attorney:
- Personalized Attention: Since private attorneys often have fewer clients at any given time compared to public defenders, they can typically dedicate more time to each case. This means the attorney can provide more focused, individualized attention, potentially leading to a more thorough investigation and defense strategy.
- More Resources: Private attorneys typically have more access to resources, such as expert witnesses, private investigators, and other tools that can aid in building a robust defense.
- Specialization: Many private attorneys specialize in specific areas of law, such as criminal defense, which can result in more knowledgeable and experienced representation in complex criminal cases.
- Flexibility in Communication: Hiring a private attorney may offer more flexibility in terms of communication, as clients can often reach their attorneys more easily and have more frequent consultations.
What is a Public Defender?
A public defender is a government-appointed attorney provided to defendants who cannot afford to hire a private lawyer. In Missouri, public defenders work for the Missouri State Public Defender System, which ensures that defendants are not denied a fair trial due to their inability to pay for legal representation.
Advantages of Having a Public Defender:
- No Cost to the Defendant: Public defenders are appointed at no cost to defendants. This is a crucial benefit for individuals who cannot afford to hire a private attorney. The defendant does not have to worry about legal fees or paying for legal services.
- Experience in Criminal Law: Public defenders specialize in criminal defense. In Missouri, public defenders are experienced professionals who handle a large volume of criminal cases, which provides them with a deep understanding of local courts, prosecutors, and judges.
- Familiarity with the Local Legal System: Public defenders work regularly in the local legal system, which can give them insight into local procedures and court personnel that can benefit the defendant's case.
Disadvantages of Having a Public Defender:
- Heavy Caseloads: One of the most significant disadvantages of public defenders is the overwhelming caseloads they face. Public defenders in Missouri often handle a large number of cases simultaneously, which can limit the amount of time and attention they can give to each client. This could lead to less time spent on case preparation or strategizing.
- Limited Resources: Public defenders have fewer resources than private attorneys. They may not have access to expert witnesses or investigative services that could bolster a case. They also face constraints on the amount of time they can spend on each case, potentially leading to less thorough investigation or defense strategies.
- Limited Flexibility: Due to their high caseloads, public defenders may have less flexibility in terms of meeting with clients or offering one-on-one consultations. Communication may be more limited, especially in more complex or time-consuming cases.
- Perception of Overworked Lawyers: Because public defenders often handle so many cases, defendants may feel that their lawyer is overworked or less dedicated to their particular case. This can cause frustration, especially if the defendant does not feel adequately represented.
Making the Choice: Private Attorney vs. Public Defender
The decision between hiring a private attorney or accepting a public defender depends on several factors:
- Financial Situation: If you cannot afford to hire an attorney, a public defender is your only option for legal representation. Missouri ensures that anyone facing criminal charges has access to a defense lawyer, regardless of their financial situation.
- Complexity of the Case: If the charges are particularly serious or complex, a private attorney may be better equipped to devote the necessary time and resources to crafting a strong defense strategy. However, many public defenders have experience handling serious cases and can still provide effective representation.
- Desire for Personal Attention: If you prefer more personalized and constant communication, a private attorney may be the better option. With fewer cases to manage, private attorneys can offer more flexibility and direct access.
- Quality of Legal Representation: Both private attorneys and public defenders are licensed professionals, and in Missouri, public defenders are skilled in criminal defense. However, if the case is complicated or high-stakes, a private attorney might offer an edge in terms of specialized expertise and the ability to dedicate more resources to the case.
Conclusion
Choosing between a private attorney and a public defender in Missouri is an important decision that will have a direct impact on your criminal case. While private attorneys can offer more personalized attention and resources, public defenders provide high-quality, free legal services for those who cannot afford to hire an attorney. Ultimately, the best choice depends on your individual circumstances, including your financial situation, the complexity of your case, and your need for specialized legal services.
If you are facing criminal charges in Missouri, it's essential to carefully weigh your options and seek the advice of a trusted legal professional to ensure that your rights are fully protected throughout the process. Daniel Finder at Finder Law, LLC has over 10 years of experience in criminal defense and can represent you if you decide to hire a private attorney.
Call our office today to set up a consultation to discuss your case.
This blog is for informational purposes only and does not constitute legal advice. For specific guidance, please contact our office directly.
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