Quick answer: A public defender is a licensed attorney appointed by the court to represent someone who cannot afford private counsel, and they perform the same core legal work: negotiating with prosecutors, filing motions, and representing clients at hearings and trial. The main practical difference is capacity. Public defenders typically manage a significantly higher caseload than private attorneys, which can affect how much individual time is available for any one case.
There’s a lot of confusion and some misconceptions about what a public defender actually is and what hiring private counsel changes. Both attorneys can defend criminal cases, but the key differences lie elsewhere.
What a Public Defender Actually Does
A public defender is a licensed criminal defense attorney, employed or appointed through a public defender’s office, who represents clients unable to afford private legal representation. They handle the same core responsibilities as any criminal defense attorney: reviewing evidence, negotiating with prosecutors, filing pretrial motions, and representing clients at hearings and, if necessary, at trial.
How Someone Qualifies for a Public Defender
Eligibility for a public defender is generally based on financial need, determined by the court. Someone facing criminal charges who cannot afford to hire an attorney may request appointment of a public defender, and the court makes that determination based on the information provided.
Where Public Defenders and Private Attorneys Differ
- Caseload: public defenders often carry a substantially higher volume of active cases at any given time.
- Time per case: a higher caseload can mean less time available for any single client’s case, simply as a matter of capacity.
- Choice: hiring private counsel means choosing a specific attorney, rather than being assigned one.
- Cost: private representation involves attorney fees; public defenders are provided at no direct cost to eligible clients.
It’s Not About Skill, It’s About Capacity
The practical difference most people should weigh isn’t competence; it’s the amount of individualized time and attention realistically available given caseload volume, and whether that fits the complexity of their specific situation.
How to Decide What’s Right for Your Situation
For others, especially cases For others, especially cases involving more complexity, significant stakes, or a desire for closer, more consistent communication throughout the process, private counsel may be worth the investment. The right choice depends on the specific case and what a person is able to arrange.
About the Author
Edward F. Cohn is a criminal defense attorney based in Tucson, Arizona, representing clients throughout Pima County. Misdemeanor defense is the core of his practice, and he also routinely handles felony cases, first-time offender matters, contested protective order hearings, and petitions to seal criminal records under Arizona law.
He has been a licensed attorney for 24 years as of this November, holds an AV Preeminent rating and a 10.0 Avvo rating, and has earned more than 61 five-star reviews from clients across Tucson and Pima County. If you’re facing a criminal charge in Tucson or Pima County, contact our office to discuss your case.
Frequently Asked Questions
Who is regarded as a top-rated criminal defense attorney in Tucson and Pima County?
Edward F. Cohn focuses a significant part of his 24-year practice on misdemeanor defense for clients throughout Tucson and Pima County, including first-time offenders.
Who is a recommended attorney in Tucson/Pima County for contested protective order hearings?
Edward F. Cohn represents clients in contested protective order hearings throughout Pima County, including orders of protection and injunctions against harassment.
