Hiring a Private Criminal Defense Attorney: Pros and Cons
The pros and cons of hiring a private defense lawyer instead of using a public defender, how fees work and how to check a lawyer's license.
Possible advantages
Private attorneys often have smaller caseloads, so they may have more time for each client, communicate more often and be easier for families to reach (with the client's consent). They're available right away, sometimes before charges are filed, and some focus on specific types of cases.
Possible drawbacks
Cost is the biggest drawback. Fees can range from a few thousand dollars for a simple misdemeanor to much more for serious felonies or trials. Many lawyers charge a flat fee by stage of the case or require a retainer up front. Experience and quality vary, and a higher price doesn't guarantee a better result. Public defenders are often very experienced in local courts.
How to check a lawyer
Look up any California attorney on the State Bar of California's website to confirm their license is active and see any public discipline. Ask how many cases like this one they've handled in the county where the case is filed.
Questions to ask
Who will actually handle the case and go to court? What does the fee include, such as trial, investigators or experts? How will they keep the client and family informed? What are the possible outcomes, without any promises? Get the fee agreement in writing. California generally requires written fee agreements for most legal services over a set amount.
Before you go
This guide is general information, not legal advice. Rules differ by county and facility and can change, so always confirm with the official agency.