Is It Better to Have a Private Attorney or Wait for a Public Defender?

April 19, 2025

Your Freedom Might Depend on Who Stands Next to You in Court — Here's What You Need to Know Before Making That Decision

If you've been arrested or charged with a crime in Florida, the first major decision you'll face is whether to hire a private attorney or wait to be assigned a public defender. I've worked with hundreds of people who found themselves in this exact position. And while every case is different, I want to give you the real story from the front lines—not the brochure version.

You deserve to know how Florida law works, what your legal rights are, and what's at stake depending on who represents you. I've seen the difference first-hand, and if there's one thing I can tell you with certainty—it's that having a private defense lawyer on your side can change the entire outcome of your case.

What Florida Law Says About Your Right to Counsel

Under the Florida Constitution, Article I, Section 16, and Florida Statutes § 27.51, every person charged with a crime has the right to legal counsel. If you cannot afford an attorney, the court is required to appoint one for you.

Florida Statutes § 27.51(1) states:

"The public defender shall represent, without additional compensation, any person determined to be indigent as provided in s. 27.52 and: (a) Under arrest for, or charged with, a felony; (b) Under arrest for, or charged with, a misdemeanor authorized for imprisonment; (c) Alleged to be a delinquent child..."

So yes, you are entitled to a public defender. But that doesn't mean you'll have a lawyer who can give your case the time and attention it deserves.

The Truth About Public Defenders

I've worked against—and alongside—many public defenders. They're not bad lawyers. In fact, some are extremely skilled and dedicated. The problem is they are often overwhelmed. They may be handling dozens of cases at once. And that means less time to focus on yours.

When your future depends on the outcome, being one of many in a stack of case files is not where you want to be. You need someone who can act fast, investigate thoroughly, and fight aggressively from day one.

Here's what most people don't realize: public defenders are not assigned until after your first appearance. That's often several days after arrest. Meanwhile, the State Attorney is already reviewing your case and may file charges before you've even had a conversation with your lawyer.

When I'm hired early as a private defense attorney, I don't wait. I get to work immediately—contacting witnesses, preserving evidence, and sometimes even stopping charges from being filed at all.

Real Case Example: Prescription DUI Dropped Before Charges Were Filed

A client of mine was pulled over in Sarasota after weaving slightly in their lane. The breath test came back clean. The officer suspected drug impairment and called a Drug Recognition Expert. My client was arrested, booked, and released. At that point, they could have waited to be appointed a public defender. But instead, they called me the next day.

Within 24 hours, I obtained the bodycam footage, pulled medical records, and contacted the State Attorney's Office directly. I provided documentation that explained the officer's observations (my client had a diagnosed neurological issue), and I showed that no controlled substances were present in the toxicology report.

The result? No charges were filed. The case ended before it ever got off the ground.

That's the kind of result you get when you have a private attorney who knows how to step in early and fight hard before the prosecution gets momentum.

Public Defender vs. Private Attorney: What You're Really Choosing

Here's how the two options stack up when you're facing criminal charges in Florida:

Public Defender:

Free (or low-cost with a lien)
Assigned after your first court appearance
Cannot pick your lawyer
May handle 50–100+ cases at once
Limited time for investigation or personal contact
Usually focuses on negotiating plea deals

Private Criminal Defense Attorney:

You choose who represents you
Available immediately after arrest
One-on-one communication throughout the case
Resources for full investigations, motions, and trial prep
Focused defense strategy tailored to your facts
Time to challenge evidence, file pretrial motions, and push back on weak charges

When your freedom is on the line, those differences aren't small. They're everything.

Florida Statutes That Matter When You're Charged

There are a number of statutes beyond § 27.51 that play a role in what happens after you're arrested:

§ 907.041 – Pretrial release and detention – This governs how and when you may be released before trial.
§ 948.01 – Probation eligibility – If you're convicted, this statute outlines the court's discretion in sentencing.
§ 775.082 and § 775.083 – These cover mandatory minimums and fines associated with misdemeanor and felony convictions.
§ 901.15 – This statute explains when police may arrest you without a warrant.
§ 948.06 – Covers violation of probation and the rights you do (or don't) have at those hearings.

A public defender may not have the time to go through every applicable statute with you. I do. My job isn't just to show up to court—it's to make sure every law that can help you is on the table, and every hole in the prosecutor's case is exposed.

Defenses That a Private Lawyer Can Raise (That Often Get Missed)

When I take on a case, I'm not looking for the quickest way to close it. I'm looking for the right way to defend you. That includes:

Suppression of Evidence – If police violated your Fourth Amendment rights, we can file to exclude key evidence.
Mistaken Identity – In many theft or battery cases, witnesses are wrong. I bring in photo lineups, surveillance footage, and timelines.
Lack of Intent – If the crime requires knowing conduct, I examine texts, phone records, and witness statements to show your intent didn't meet the legal threshold.
Unlawful Search or Seizure – If a vehicle or home was searched without a valid warrant or exception, that can end the case entirely.
Coerced Statements – I examine whether your Miranda rights were violated or if your statement was improperly obtained.

These are not "cookie-cutter" defenses. They require work. They require time. And they often require resources that public defenders simply don't have access to.

What Happens If You Wait?

Waiting for a public defender often means doing nothing for days or even weeks while the clock runs on your defense. Police may still be interviewing witnesses. The prosecutor may file charges based only on the arrest report. And evidence that could help you might disappear.

When I'm hired early, I can send preservation letters, conduct my own interviews, and sometimes influence charging decisions before formal charges are filed. That head start can be the difference between walking away or getting stuck with a permanent record.

If you or a loved one has been arrested and you're trying to decide whether to wait for a public defender or call a private attorney, don't wait.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – Private Attorney vs. Public Defender in Florida

How do I qualify for a public defender in Florida?

You have to be declared "indigent" under Florida Statutes § 27.52. This means you don't have the financial ability to hire your own attorney without substantial hardship. The clerk will ask you to complete a financial affidavit, and a judge may ask follow-up questions before appointing a public defender.

What does it cost to hire a private criminal defense lawyer in Florida?

The cost varies depending on the seriousness of the charge and how complex the case is. Misdemeanor cases are usually less expensive than felony trials. That said, many people don't realize the financial impact of a conviction—fines, probation costs, job loss, and a permanent record. When you weigh that against the price of hiring an attorney who may be able to get your charges dropped, it's worth considering the long-term cost of not hiring one.

Can I switch from a public defender to a private attorney?

Yes. You can retain a private attorney at any point during your case. Once retained, your private lawyer will file a notice of appearance and the public defender will be withdrawn. This happens often when people realize their case is more serious than they first thought—or when they're unhappy with the level of attention their case is getting.

Is a private attorney more likely to go to trial than a public defender?

Yes, in many cases. Public defenders often try to resolve cases through plea bargains due to limited time and resources. A private attorney has the ability to prepare your case for trial if necessary and push for the best possible result—whether that's dismissal, reduction, or acquittal.

What if I already spoke to the police before calling a lawyer?

That doesn't mean your case is over. I've handled cases where people made statements to officers before calling me, and we were still able to suppress those statements or minimize their impact. The sooner you get legal help, the better your chances. Don't say anything further and let your attorney take it from here.

Does hiring a private attorney mean the case will take longer?

Not necessarily. In fact, private counsel can sometimes shorten the process by working directly with the prosecutor, negotiating early resolutions, or getting charges dropped before arraignment. And when the case does need to go longer—for a suppression motion or trial—that's usually because there's a real opportunity to win.

Will the judge or prosecutor treat me differently if I have a private lawyer?

Judges and prosecutors are required to treat all defendants equally, but the reality is that private lawyers often have more time to challenge the prosecution's case and present a stronger defense. That results in better outcomes—not because of favoritism, but because of preparation.

Is it ever better to stick with the public defender?

If you're charged with a low-level misdemeanor and the prosecutor offers diversion or a quick dismissal, a public defender might be sufficient. But if there's any risk of jail time, a permanent record, or your job being affected, I'd strongly recommend having a private attorney who can spend the time your case truly deserves.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation