Public Defenders Vs. Private Defense Attorneys In Bergen County

For many defendants, choosing between a public defender and a private defense attorney represents an important decision. If they face significant penalties, this might just be the most important decision of their life. But what exactly is the difference between a public defender and a private defense attorney in Bergen County? Why would you choose one over the other?

Public Defenders Are for People Who Cannot Afford to Hire a Lawyer 

The main advantage of public defenders is the low cost. Specifically, public defenders will cost you exactly zero dollars. The government is legally required to provide you with a public defender if you cannot afford your own defense attorney. For this reason, public defenders are ideal for people with few assets and relatively low incomes. Make no mistake – this is a positive system that ensures equal justice for all (at least in theory). There is no shame in hiring a public defender if you cannot afford to pay legal fees.

You Get to Choose Your Own Private Defense Attorney 

A key disadvantage of using a public defender is the fact that you do not get to choose them. Instead, the state “assigns” a public defender to your case in a somewhat random manner. Therefore, the process has an element of luck. You might receive an excellent lawyer who is dedicated to their job. On the other hand, you might get a lawyer suffering from burnout. Note that the courts are almost always backlogged with criminal cases. In late 2024, it was reported that New Jersey’s backlog had increased due to a judge receiving a suspension.

In contrast, you can choose a private defense attorney who you feel most comfortable with. This might be a lawyer who has an interesting defense strategy you’d like to try. Their values might align with yours. Perhaps you simply “get a good vibe” from the lawyer – and you trust them to help you. Whatever the case may be, hiring a private defense attorney eliminates the element of luck and gives you more choice.

Are Private Defense Attorneys Better Than Public Defenders? 

There is no easy way to answer this question, as no two lawyers are alike. There are good lawyers and bad lawyers – regardless of whether they are public defenders or private defense attorneys. That being said, one might argue that there is a greater incentive for private defense attorneys to provide results. Their reputation is on the line, and they will struggle to hire new clients if they continuously fail to perform well. In contrast, a public defender will get a reliable stream of work regardless of whether they are good or bad at their job.

Can I Hire a Private Defense Attorney in Bergen County? 

If you’re considering your options, why not meet with a private defense attorney in Bergen County to discuss a potential strategy? These initial meetings give you a sense of what’s possible – and your lawyer can also help you review payment options. Contact Phillip J. Murphy, Attorney at Law today to continue this discussion.

Sources:

newjerseyglobe.com/judiciary/tiktok-judges-suspension-has-increased-court-backlog/

nj.gov/defender/