A common question after an arrest: should I hire a criminal defense lawyer, or use a public defender? Both are licensed defense attorneys who handle criminal cases full-time. The differences are about caseloads, eligibility, the kind of access you have to your lawyer, and resources — not about whether they’re “real” lawyers.
This page is general information about the choice, not legal advice about any specific case.
What public defenders actually do
Public defenders are licensed criminal defense lawyers employed by a public defender’s office at the county or state level. In Missouri, the Missouri State Public Defender System handles indigent defense across the state; in Kansas, public defender offices and assigned- counsel systems vary by jurisdiction. They handle thousands of criminal cases a year, often with significant courtroom and trial experience because they’re in court constantly.
The eligibility for a public defender turns on income. If your income is below the county’s threshold, you typically qualify; above it, you don’t. Eligibility is determined after you apply, and most jurisdictions charge a partial application fee even for those who qualify.
What’s different in practice
The big differences between a public defender and a private defense lawyer:
- Caseload. A public defender typically carries many more open cases at once than a private defense lawyer. That doesn’t mean less skilled — many public defenders are excellent — but it does affect how much time can be spent on any one case outside of court appearances.
- Access. Reaching a public defender for routine questions can take longer. Private defense lawyers typically return calls faster and meet with clients more often.
- Choice. You don’t pick your public defender; one is assigned. You can pick a private defense lawyer based on experience, fit, and the kind of cases they handle.
- Resources. Private defense lawyers can often retain experts, investigators, and consultants more easily than public defender offices, which work within strict budgets.
- Pre-charge work. If you reach out before charges are filed, a private defense lawyer can sometimes negotiate to avoid charges entirely. Public defenders are generally assigned after charges are filed, so that pre-charge window is missed.
When a public defender is the right choice
If you qualify for a public defender, they’re a legitimate option — particularly for less complex cases where the time investment per case is manageable. Many public defenders successfully take cases to trial and win. A licensed defense lawyer is a licensed defense lawyer, full stop.
When private counsel makes a real difference
The difference tends to matter most in:
- Cases with significant pre-charge negotiation potential — where early lawyer involvement can change whether charges get filed
- Cases where time-sensitive issues run in parallel — DWI administrative-license actions, protective-order hearings, federal firearm consequences
- Cases with potential expert-witness components — accident reconstruction, forensic analysis, chemical-test challenges
- Cases where you want sustained access to your lawyer for questions, planning, and strategy
How to think about the decision
If you qualify financially, applying for a public defender is free and worth doing. While that application is pending — or even if you don’t qualify — most private defense lawyers offer a free consultation. You can use both to understand your options before committing.
The cost gap between public and private isn’t always as big as people assume, especially for misdemeanors and less complex cases. A free consultation with a private defense lawyer lets you find out what they’d charge and what additional value they’d bring before you make the call.
This site is informational, not a law firm, and doesn’t endorse any attorney. A licensed Missouri or Kansas criminal defense attorney is the right person to talk to about your specific situation.
Common questions
Are public defenders 'real' lawyers?
Yes. Public defenders are licensed criminal defense attorneys, often with deep trial experience because they're in court constantly. The trade-off is caseload — they typically carry many more cases than a private defense lawyer at any given time.
Will I qualify for a public defender?
It depends on your income relative to the county's threshold. Eligibility is determined after you apply, and you may have to pay a partial fee even if you qualify. A private defense lawyer's free consultation can also help you understand whether retaining counsel privately is realistic.
Can I switch from a public defender to a private lawyer?
Yes, generally — though the timing affects how disruptive it is to the case. If you're considering it, the first step is talking to a private defense lawyer about the case and what they'd charge.