Public Defender vs. Criminal Attorney: What to Know
- Meason & Morris Law
- Jun 4
- 4 min read
When you're facing criminal charges, one of the most important decisions you can make is who will represent you in court. Most people know they have the right to an attorney, but they may not understand the difference between a public defender and a criminal attorney (also called a private defense lawyer). Choosing the right kind of legal help can have a big impact on the outcome of your case.
In this blog, we’ll break down what each type of attorney does, how they’re different, and when hiring a private criminal attorney might be the right move for you.
What Is a Public Defender?
A public defender is a court-appointed attorney who provides legal representation to people who cannot afford to hire a private lawyer. If you’re arrested and charged with a crime, the court will ask whether you need a public defender. If you qualify financially, the court will assign one to your case.
Public defenders are licensed lawyers who usually have experience handling many types of criminal cases. They are employed by the government and paid with public funds.
What Is a Criminal Attorney?
A criminal attorney, also known as a private defense attorney, is a lawyer you choose and pay for out of your own pocket. These attorneys typically work in private law firms or have their own practice. You can hire one at any stage of your criminal case—from investigation to trial.
Criminal attorneys handle a range of cases, including DUI, assault, theft, drug charges, and more serious felonies. They often work with fewer clients than public defenders, allowing them to give more personal attention to your case.
Key Differences Between a Public Defender and a Criminal Attorney
1. Cost
Public Defender: Free or low cost, depending on your income and court guidelines.
Criminal Attorney: Paid by the client, with rates that vary based on experience and case complexity.
2. Caseload
Public Defender: Often assigned a large number of cases at once due to high demand. This can limit how much time they can spend on each client.
Criminal Attorney: Usually manages fewer cases, allowing for more time to build a strong defense and communicate regularly with clients.
3. Choice
Public Defender: You cannot choose your public defender. The court assigns one to you.
Criminal Attorney: You choose your own lawyer, giving you the chance to find someone who fits your needs and communication style.
4. Accessibility and Communication
Public Defender: Due to their high caseload, they may have limited availability to meet or update you regularly.
Criminal Attorney: More flexible with time and more likely to be available for detailed discussions about your case.
5. Resources
Public Defender: Often has limited resources like investigators or expert witnesses due to budget constraints.
Criminal Attorney: Can typically use more resources to help build your defense, such as private investigators or forensic experts.
When Should You Hire a Criminal Attorney?
There are situations where hiring a private criminal attorney may be worth the cost:
Your charges are serious (such as a felony or a crime that may result in jail or prison time).
You want more personal attention and someone who can spend more time analyzing every detail of your case.
You need help early in the investigation stage, even before formal charges are filed.
You want to choose your attorney based on experience, background, or specialization.
You’re concerned about long-term consequences, like losing your job or professional license.
Can Public Defenders Still Provide a Strong Defense?
Yes. Many public defenders are highly skilled and passionate about defending their clients. They often have deep knowledge of the local court system and relationships with prosecutors and judges. However, their ability to fight for you may be limited by time and resources.
If you’re eligible and can’t afford to pay for a lawyer, a public defender is still a much better option than trying to represent yourself.
Why a Private Criminal Attorney May Be a Better Fit
At Meason & Morris Law, our criminal attorneys focus on delivering personalized legal defense. Because we work with fewer clients at a time, we’re able to take a close look at every detail of your case—from police reports to witness statements. We also offer clear communication, walk you through your legal options, and fight for your rights at every stage.
Hiring a private criminal attorney may give you more control, better preparation, and stronger advocacy. Our team is committed to building the best possible defense for each client, and we have experience across a wide range of criminal charges in Oklahoma.
Final Thoughts
If you’re facing criminal charges, it’s normal to feel overwhelmed and unsure of your next steps. Whether you qualify for a public defender or are thinking about hiring a private criminal attorney, it’s important to understand your options.
A public defender can provide necessary legal defense if you can't afford a private attorney. However, if you want more dedicated time, additional resources, and the ability to choose your representation, a private criminal attorney may be the better path.
At Meason & Morris Law, we’re here to help you make an informed decision about your defense. Contact us today for a consultation and take the first step toward protecting your rights and your future.
Meason & Morris Law is a legal firm led by seasoned attorneys Marty Meason and Chris Morris. We provide a professional experience for all our clients, helping them navigate their legal rights. We focus on Criminal Justice Law (felonies and misdemeanors), Divorce and Family Law, Expungement and Felony Law, Probate Law and also have Trial experience. Serving Washington County, Nowata County, Osage County, Rogers County, Payne County, Pawnee County, and Kay County in Oklahoma.
Meason & Morris Law
515 Delaware Ave
Bartlesville, OK 74003
918-336-6300
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