A criminal defense attorney represents individuals charged with crimes. While the prosecution must try to prove guilt beyond a reasonable doubt, a criminal defense attorney defends their client from these charges, using evidence, expert witnesses and legal arguments. In addition to legal representation, defense lawyers also provide services like expungement and appeal criminal convictions when necessary.
Public Defenders vs. Private Criminal Attorneys
In a criminal case involving potential jail time, you have the right to be represented by an attorney as provided under the Sixth Amendment. This right applies to most criminal charges, save for simple infractions (e.g., littering). When this happens you are entitled to a public defender.
Public defenders are court-appointed attorneys employed by the government, usually assigned to cases where the accused cannot afford a private attorney. They have the same skill set, education and ability as a private lawyer but may have fewer resources and are commonly overworked. A study from 2023 on public defenders in California found that some defenders in southern California have workloads that are two or three times higher than national standards for public defenders.
Private attorneys choose the cases they take on and can manage their workloads differently than public defenders. But private attorneys are also expensive, especially when dealing with complex criminal charges that take up much of their time. On the plus side, private criminal defense lawyers have much more resources and time to devote to your file.
Should You Represent Yourself in a Criminal Case?
Whether or not you need a lawyer is usually an easy question to answer in criminal cases. Because you could face jail time, large fines and irreparable reputational damage from a conviction, you want the best chance of success in court. A defense lawyer is typically the only way to have that chance—unless you are willing to research myriad U.S. laws and cases surrounding your matter. Most individuals don’t have time for that kind of work.
At a minimum, you should have a free consultation with an attorney before deciding whether to represent yourself. You’ll have a better idea of what to expect and if your decision is a prudent one.