A public lawyer who is regularly assigned by the courts to legally defend people accused of crimes who cannot afford a private attorney
Most public defenders are dedicated legal advocates for the accused. Unfortunately, they are overworked, underpaid, and lack the staff support and resources that private criminal defense attorneys enjoy. As a result, public defenders tend to plea bargain most of their cases. The prosecutor knows this, and therefore the leverage the prosecutor has over the public defender in negotiating the case can be substantial.
This is not to imply that all private criminal defense attorneys are superior to public defenders. There are some private criminal defense attorneys that rarely, if ever, try felony cases since it is usually much more expedient to just plea bargain the case, which is how the criminal justice system operates.
Trouble-Tip
Notwithstanding, having substantial trial experience pays off whether the defendant goes to trial or is negotiating a settlement offer with the prosecutor. Therefore, if you are considering retaining a private criminal defense lawyer, you should think about their level of trial experience. Also, do not be shy to ask the lawyer how many trials they have had in the past six months and whether their trial practice includes felonies or just misdemeanors.
