Can You Really Trust a Public Defender in Gwinnett County? What Defendants Need to Know Before Choosing Representation

There is a lot of confusion about attorneys who represent criminal defendants, and one of the biggest sources of confusion is the difference between a defense attorney and a public defender. While both of these attorneys have the same job–providing a defense to someone charged with a crime–their approaches to working with the client differ. Public defenders are assigned to a client, typically because the client cannot afford their own counsel. Defense attorneys are attorneys who are hired by clients. In the event that you can choose between a public defender and a defense attorney, who should you choose? Learn about the pluses and minuses of working with these two types of attorneys.

About Public Defenders 

Everyone has the right to have a lawyer, as guaranteed by the Sixth Amendment of the United States Constitution. In Georgia, if a person cannot afford an attorney, the court will appoint a public defender or another court-appointed lawyer. This ensures that every defendant has access to legal representation, regardless of their financial situation. 

Public defenders are fully trained lawyers who have gone to law school, passed the bar exam, and continue their legal education. Some have extensive criminal defense experience and handle cases in the local court system every day. This gives them a deep understanding of judges’ tendencies, how the prosecution works, and insight into how to approach different types of charges. 

Public defenders can get a bad rap. One reason is that they often have very large caseloads, handling multiple cases at once. This can make it difficult for them to give each client as much individual attention as a private attorney might. 

Additionally, while some public defenders are seasoned attorneys, others are straight out of law school with little experience, especially with litigation. When facing serious charges, this can be a distressing thought.

While public defenders are trained and capable attorneys, there are situations where hiring a private lawyer may be a better option. This is often the case in complex or high-stakes matters, such as serious felony charges, cases with potential exposure to the death penalty, or federal offenses. Private counsel can also be beneficial for cases that require specialized knowledge. 

Another thing to keep in mind is that public defenders are assigned to you. You do not choose from a group of attorneys after meeting with them and seeing with whom you get along best. Therefore, you can get matched with someone who is not the best fit. If you are unhappy with your appointed attorney, you do have options, but they can be limited. Courts generally will not appoint a new lawyer simply because you would prefer to have someone else be your lawyer.

However, if there is a serious issue, such as being charged with a violent crime, you may be able to request a change. This could be a breakdown in communication or a conflict of interest.

One thing to keep in mind is that, even if you are assigned a public defender, you do have the right to hire a private defense attorney if you decide that’s the better route for you.

Why Select a Defense Attorney?

Choosing a private criminal defense attorney can give you a more personalized and strategic approach to your case. A private attorney often has the time and resources to dig deeper into the details, carefully review evidence, and build a defense tailored to your specific situation. Instead of taking a one-size-fits-all approach, they can focus on the unique facts of your case and develop a strategy that fits your goals, whether that’s negotiating a favorable resolution or preparing for trial.

If you can afford to do so, hiring a private attorney can give you added peace of mind. Knowing that someone is fully focused on your case and advocating for your best outcome can reduce stress and help you feel more confident as the process moves forward.

What Should I Look For in a Defense Attorney?

Not all attorneys are the same. Choosing the right defense attorney can make a significant difference in the outcome of your case. Here are some of the things that you should look out for when selecting a criminal defense attorney:

• Experience: Make sure your attorney has handled cases similar to yours. Just because they are a “defense attorney” does not mean that they have dealt with your situation. 
• Reputation: Look for online reviews, client testimonials, or referrals from people who have handled similar cases. Pay attention not just to outcomes, but also to how the attorney communicates, responds to questions, and handles challenges.
• Good communication: Your lawyer should answer questions and keep you updated, no matter how small or basic they may seem. You should feel comfortable reaching out and confident that your concerns are being taken seriously. 
• Trust your instincts: If it is not a good fit, find someone else. You should feel comfortable with your lawyer and confident in their abilities. Trust and respect make a big difference in how effectively they can represent you.

Contact a Qualified Defense Attorney Today

While it is generally true that any attorney is better than no attorney at all, there can be a significant difference in outcomes between going with a public defender and a defense attorney. Hiring a private attorney may come with higher upfront costs, but the investment can be worthwhile given what is at stake. Criminal charges can affect your freedom, your record, and your future opportunities, so having an attorney who can devote attention, time, and strategy to your case and walk you through your case from beginning to end can make a critical difference in the outcome.