I'm a Criminal Defense Lawyer. Here Are 3 Reasons I'd Keep the Public Defender.

Estimated Read Time: 4 Minutes
Reviewed by Attorney Nate Gjesdal
June 8, 2026

Most people assume all criminal defense lawyers would say the same thing: "Hire a private attorney."

Sometimes that's the right answer. Sometimes it isn't. Over the years, I've spoken with many people who were trying to decide whether to keep their public defender or hire private counsel. While there are certainly situations where hiring a private attorney can make a significant difference, there are also times when I think someone is better off staying exactly where they are.

Here are three reasons I might tell someone to keep the public defender.

1. Your Public Defender Is Going Above and Beyond

This is the biggest one.

Many people contact my office because they're trying to decide whether their public defender is the right fit for their case. Sometimes the concern is communication. Sometimes they simply want a second opinion. Other times, they want to better understand their options before making a decision.

Those are all reasonable concerns.

I've met public defenders who are excellent lawyers.

If your public defender promptly returns your calls or emails, takes the time to thoroughly answer your questions, keeps you informed about important developments in your case, and explains the process in a way that leaves you feeling informed and confident rather than confused, that's worth recognizing.

If that's the experience you're having, I wouldn't automatically assume you need to replace them.

2. Hiring a Private Attorney Would Mean Choosing Based on Price Alone

I've spoken with people who felt they had to hire a private attorney no matter the cost.

In some cases, that may be the right decision. But if hiring private counsel would mean missing rent, falling behind on mortgage payments, or taking on predatory debt, it's worth taking a step back and look at all of your options.

One thing I caution people against is choosing a lawyer based solely on who quotes the lowest fee.

Hiring an attorney is not like shopping for groceries or comparing prices on a television. The cheapest option is not always the best option.

If your budget only allows you to hire the lowest-priced lawyer you can find, it may be worth seriously considering whether a qualified public defender would be the better choice.

The goal isn't simply to hire a private attorney. The goal is to have competent representation from someone you trust.

3. Your Goals for the Case Are Relatively Straightforward

Not every case requires an aggressive or strategic legal battle with dire consequences.

Private representation often becomes more valuable when a case requires extensive investigation, expert witnesses, complex legal motions, or a defense strategy that demands significant time and resources. But not every case falls into that category.

When Does It Make Sense to Hire a Private Attorney?

There are also situations where I think it's worth taking a hard look at private representation.

The biggest factor is often not the charge itself—it's what you stand to lose if things go wrong.

For example, if a conviction could affect your career, professional license, immigration status, security clearance, firearm prohibition, child custody rights, or future employment opportunities, the consequences can extend far beyond the courtroom.

The same is true when you're facing significant jail exposure or when the case requires extensive investigation, expert witnesses, or complex legal motions.

In those situations, having an attorney who can devote substantial time and resources to your case may be worth the investment. Your private attorney has the knowledge and experience to interpret the law and give you the best fighting chance to get your case dismissed or charges reduced.

That's why there isn't a one-size-fits-all answer.

The question isn't whether a public defender or private attorney is inherently better. The question is whether your particular case justifies the additional time, attention, and resources that private representation can provide.

Sometimes hiring private counsel is worth every penny.

Sometimes keeping your public defender is the better choice.

The important thing is understanding what's truly at stake before making that decision.

If you're unsure whether keeping your public defender or hiring private counsel is the right move, speaking with an experienced criminal defense attorney can help you evaluate your options and make an informed decision.

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