Scales of Justice and a Magnifying GlassIf you are arrested in Arizona, you will want an experienced criminal defense attorney to defend you. An attorney can also help you make important decisions in your criminal case, such as the defenses you should raise and whether to accept a plea bargain.

Should you hire a lawyer or use a public defender? In most cases, the best decision would be to retain a private attorney.

Pros and Cons of Hiring a Public Defender

You are only eligible for a public defender if you cannot afford to pay a lawyer. In addition, you must ask the judge to appoint one to represent you. The advantages of hiring a public defender may include:

  • You would save having to hire a private attorney, which can be expensive.
  • The public defender would be knowledgeable about many crimes because they represent many criminal defendants.

There are also serious drawbacks that you should consider. They include the following:

  • Large caseloads. Public defenders have large caseloads because so many people in Arizona cannot afford to hire a private attorney. They are often overworked and underpaid, which can affect the quality of their representation or cause them to make a mistake that affects a case’s outcome.
  • Less time. Because public defenders have so many cases, they may be unable to devote the time to meet with you or work to build a strong defense. They may also be more likely to try to get you to accept a plea agreement to resolve your case quickly and reduce their caseload.
  • No choice. You cannot select your public defender. The court or the public defender’s office would decide which public defender to appoint.

Benefits and Disadvantages of Retaining a Private Attorney in Arizona

The only disadvantage to hiring a skilled criminal defense lawyer is that you would have to pay attorney fees. However, there are many advantages to hiring your own attorney. Some benefits include the following:

Communication

One crucial reason it is better to hire your own criminal defense lawyer is that they will have more time to discuss your criminal case with you. They will be more available to answer your questions, explain what you can expect to happen in your criminal case, and inform you on how they will defend you.

By talking to you more about your case, they may discover additional defenses and weaknesses in the prosecutor’s case. In addition, if you understand more about what to expect in your case and your attorney’s defense strategy, you will be better able to help them defend you.

Choice

If you go with a private attorney rather than a public defender, you can choose who represents you. You can research lawyers to determine who has the experience and knowledge of criminal law that you need. You can also schedule free initial consultations to learn how the attorney may defend you and their track record of success in handling criminal cases like yours.

Smaller Caseload

A private lawyer will have a smaller caseload. This will give them more time to build a strong defense strategy for you. They will also be in court less than a public defender, which means they will be more available to talk to you if you have questions about your case.

More Resources

In addition, a private criminal defense attorney may have more staff to work on your case. They may be able to hire private investigators to discover evidence and witnesses that can help in your defense and expert witnesses to explain an aspect of your defense or challenge the prosecutor’s case against you.

Better Outcome

You are more likely to achieve a better result if you hire a private attorney with more time and resources to devote to your case. A privtate attorney will most likely defend you more aggressively to get the charges dismissed or reduced to a less serious offense with less severe punishments than a busy, underpaid public defender would.

Have you been charged with a criminal offense in Flagstaff or northern Arizona? Call our Flagstaff office at 928-226-0165 or fill out our online form to schedule a free consultation to find out how we can help you and about our track record of success in helping our clients fight their criminal charges. Then order our free book, Accused of a Crime in Arizona: What Happens Next Is Up to You.