Before founding this firm, Adam Bryson worked as a public defender. So the honest answer to this question does not start where you might expect, and it is not the one most defence firms give.
Public defenders are real lawyers. Many are excellent, and a good number try more cases in a year than a private lawyer tries in five. If you have been told that a public defender is a second-rate lawyer, that is not true, and anyone selling you that is selling you something.
The differences that actually matter are structural. They are about caseload, availability, and choice, not about ability or commitment.
Start here
Do you even qualify for a public defender?
This is the question people skip, and it catches a lot of them out. A public defender is appointed for people who cannot afford counsel. It is not a free option available to anyone who would rather not pay.
There is an eligibility test
You have to apply, and your income and assets are assessed. Plenty of people who feel they cannot afford a lawyer are found not to qualify, and they discover it weeks into a case rather than at the start.
It may not be free
Even where counsel is appointed, a court can order you to repay some of the cost. Appointed does not always mean free, and it is worth asking what you may end up owing.
If you are not sure whether you qualify, find out early. The worst outcome is assuming you will be covered, doing nothing for a month, and then learning you are on your own with a court date coming.
The honest comparison
What is the real difference between a public defender and a private attorney?
Four things, none of which is about how good the lawyer is.
Caseload
This is the big one. Public defender offices carry far more cases per lawyer than a private firm does, and that is a funding decision made by legislatures, not a choice made by the lawyer. It affects how much time any one case can get.
Choice
You do not pick your public defender, and you generally cannot swap for a different one because you would prefer someone else. Hiring privately means choosing the specific lawyer who will handle your case.
Timing
Appointment usually happens after charges are filed. A private lawyer can be engaged while you are still only under investigation, which is often when the most valuable work happens.
Access
How quickly you can reach your lawyer, and how much time you get with them, is the difference clients report most. It is a direct consequence of caseload rather than a difference in willingness.
Asked constantly
What are the disadvantages of having a public defender?
The fair answer is that the disadvantages belong to the system, not to the lawyer standing next to you.
- Less time per case, because there are more cases. Caseload pressure in public defence is well documented and it is a resourcing problem.
- Harder to reach between court dates, for the same reason.
- No choice of lawyer, and limited ability to change.
- Representation usually begins after charges, not before.
- Investigators and experts are available but rationed, so competing demands are real.
What is not on that list: competence, effort, or trial experience. Public defenders are in court constantly and many are formidable. Treating them as inferior is both wrong and a mistake if you are the one relying on them.
The real question
Is it better to pay for a lawyer or have a public defender?
It depends on your circumstances, and we are not going to pretend there is one answer.
When a public defender makes sense
If you qualify and cannot realistically afford private counsel, you are entitled to a lawyer and you should take one. Going without representation to avoid a public defender is a far worse decision than accepting one.
When hiring privately matters most
Where you are under investigation but not yet charged; where the case is complex, federal, or turns on expert evidence; where an appeal or post-conviction motion is involved; or where access to your lawyer is going to matter to you a great deal.
What we will not tell you is that paying guarantees a better result. It does not, and no honest lawyer will say otherwise. What paying buys is time, choice, and availability.
If you already have one
What if I have a public defender and I am not happy?
Talk to them first
A lot of dissatisfaction is really a communication gap. Ask directly what the plan is, what the evidence looks like, and what the realistic range of outcomes is. Most will tell you straight.
You can hire privately at most stages
Retaining a private lawyer generally ends the appointment. It is usually possible well into a case, though the later it happens the less there is to change. If you are considering it, consider it sooner.
Being unhappy with your lawyer is not, by itself, a legal claim. If you believe representation actually fell below what the Constitution requires and it affected the outcome, that is a different question, and it belongs in post-conviction relief under Rule 29.15 or 24.035. For when a judge will appoint someone new, see can I fire my public defender in Missouri?
Answers
Public defender questions we hear
Is it better to have a private attorney or a public defender?
Neither is automatically better, and the difference is not about ability. Private counsel gives you choice of lawyer, more time per case, easier access, and the option to be represented before charges are filed. If you qualify for a public defender and cannot afford private counsel, take the public defender rather than going unrepresented.
Are public defenders good lawyers?
Many are very good, and they are often in court far more than private lawyers. The constraint they work under is caseload, which is a funding issue rather than a reflection of their skill or commitment.
Do I qualify for a public defender?
It depends on your income and assets, and you have to apply to find out. Plenty of people who feel they cannot afford a lawyer are still found ineligible, so it is worth checking early rather than assuming.
Can I switch from a public defender to a private attorney?
Generally yes. Retaining private counsel usually ends the appointment, and it is possible at most stages of a case. The earlier it happens, the more there is that can still be changed.
Does hiring a private lawyer improve my chances?
No lawyer can promise that, and you should be wary of one who does. What private representation reliably provides is time, availability, and your choice of who handles the case. What it cannot change are the facts and the evidence.
Is a public defender free?
Not always entirely. Even where counsel is appointed, a court may order repayment of some of the cost. It is worth asking what you might owe rather than assuming there is no bill.
Facing a charge in Cole, Boone, or Callaway County? See our Missouri criminal defense page. In federal court, see federal public defender, CJA lawyer, or private attorney.
Talk to us
If you are weighing it up, ask before you decide.
We will tell you honestly whether your case is one where hiring privately is likely to make a difference, and we will say so if it is not.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information, not legal advice, and it does not create an attorney-client relationship. Nothing here is a comparison of the quality of any particular lawyer or office, and no result is promised or implied.
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