Many people have wondered what the difference is between a defense attorney and a public defender. Defense attorneys are private lawyers who represent clients in criminal or civil cases. On the other hand, public defenders are government-employed lawyers who represent clients who can't afford to hire a private attorney. Sometimes, private defense attorneys also do public defender work. Here are some more ways they are different and how this difference can impact a case.

How Are They Different?

The main difference between defense attorneys and public defenders is that defense attorneys are paid by their clients, while public defenders are paid by the government. In Powell v. Alabama, the U.S. Supreme Court held that defense attorneys must be provided for indigent defendants in capital cases. The Court found that due process requires defense attorneys in these cases, even if the defendant can't afford to hire one.

Not only must the government provide indigent defendants with an attorney, but the lawyer must also be reasonably effective. The U.S. Supreme Court's decision in Strickland v. Washington established a two-part test for determining whether a defense attorney's performance was ineffective. To win a claim of ineffective assistance of counsel, the defendant must show both that his defense attorney's performance was deficient and that the deficiency caused him actual harm.

What Does the Difference Mean?

There's some debate over whether this difference actually affects the outcome of cases, with some studies showing that defendants represented by defense attorneys are more likely to be acquitted or have their sentence reduced than those represented by public defenders. According to PBS, defendants who were found guilty in federal court were more likely to be incarcerated (88%) if they had a public defender. Those who were found guilty but had private counsel were incarcerated 77% of the time.

Is There a Difference in Cost?

Defense attorneys often have more experience than public defenders, and they often charge higher fees. How much defense attorneys cost varies depending on the lawyer's experience and location. Some defense attorneys charge as little as $100 an hour, while others charge more than $1,000 an hour.

If you're charged with a crime, you should speak to a defense attorney to discuss your options and decide whether to hire one. If you can't afford one in a criminal case, it's your right under the sixth amendment to the United States Constitution to have one provided for you to ensure you receive a fair trial. Give Dulaney & Sumner, PLLC a call today for more information on our defense attorneys.