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What’s the Difference Between a Public Defender and a Private Attorney? Criminal Lawyer explains

Home  /  The Rossen Law Firm Criminal Justice Blog  /  What’s the Difference Between a Public Defender and a Private Attorney? Criminal Lawyer explains

December 14, 2022 | By Rossen Law Firm
What’s the Difference Between a Public Defender and a Private Attorney? Criminal Lawyer explains

What’s the difference between a public defender and a private attorney in Fort Lauderdale and South Florida?

The biggest differences between a public defender and a private criminal defense attorney are the time and the resources they have.

A public defender is employed by the state of Florida. Florida Public Defenders are required to take every case assigned to them. 

What does that mean? It means public defenders have a HUGE caseload. They might be assigned to upwards of 200 cases at a time. 

And the more cases a public defender has, the less time they are going to spend on your criminal case. Public Defenders can be great lawyers - we know many public defenders that we respect greatly and do a fantastic job.

But, as stated above - the issue isn’t that they’re not great lawyers nor capable - the issue is that they simply don’t have the time to devote to your case that a private attorney will have. Public defenders don't have the resource of time to spend as much time as is needed for the best result on your case. They may spend all the time they CAN on your case - but it doesn't mean that's the same as giving your case all the time & attention it needs. Not because they're not great lawyers, but simply because the state gives them an unrealistic case load.

A public defender might miss a critical element just because they’re so bogged down with other cases. Also—a public defender gets paid the same amount no matter how many cases they get stuck with, or how many cases they win/lose. They don’t have the same incentive to help you - they’re not rewarded monetarily with big case wins, and are not paid more if they have a larger case load.  They also don’t have a business based on referrals - which means they might not have as many amicable relationships with prosecutors or other attorneys.

You want a criminal defense attorney who has a long-term interest in your success, and unfortunately, public defenders don’t. Mostly because they don’t have the time to, and there are not the same reward or relational mechanisms in place to reward them getting you the best possible case outcome as a private attorney.

Another main point to consider is that a private attorney has to work for and earn the trust of every client who hires them. Whereas a public defender is simply assigned cases. They don’t have to work to get you, or to keep you, as a client.

Public defenders in South Florida also have fewer resources than private attorneys. Their means of helping you are limited by what the state gives them access to. They don’t have an array of superior resources available such as private investigators, for example, the way a private attorney in Florida does.

The best legal defenses take a lot of careful time and research. That’s why you are better off going with a private criminal attorney –one who can devote as much time as is necessary to win your case, or at least ensure you get the best possible result, and who has the resources to get the job done right.

Give us a call today to schedule a criminal defense free consultation:

  • Fort Lauderdale: (754) 206-6200
  • Sunrise: (754) 999-2499 
  • Boca Raton: (561) 880-8181
 

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    Laura Vinalet B.
    20:26 26 May 25
    Manny Serra-Jovenich is not only the best criminal defense attorney but also an incredible source of emotional support when you need it most. He has helped my family through two separate and challenging situations, giving new meaning to the phrase, "when bad things happen to good people."

    I wholeheartedly trust Manny and would recommend him without hesitation to anyone needing expert criminal defense coupled with genuine care and support. Thank you, Manny, for everything you've done for me and my family.
    Seth Z.
    14:39 14 May 25
    Adam Rossen and David Tarras at the Rossen Law Firm are my go-to referrals in the South Florida area for anyone charged with a federal or white collar crime. They are highly respected colleagues and I strongly recommend them.
    Laura Viñalet B.
    13:53 14 May 25
    Manny Serra-Jovenich is not only the best criminal defense attorney but also an incredible source of emotional support when you need it most. He has helped my family through two separate and challenging situations, giving new meaning to the phrase, "when bad things happen to good people."

    Life can throw unexpected and overwhelming events your way, and when it does, having someone like Attorney Serra-Jovenich by your side is invaluable. His professionalism, compassion, and unwavering dedication were evident throughout our experience. He guided us clearly and patiently, making a stressful time far more manageable.

    I wholeheartedly trust Manny and would recommend him without hesitation to anyone needing expert criminal defense coupled with genuine care and support. Thank you, Manny, for everything you've done for me and my family.
    See All Reviews

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