Our law firm has recently started to take criminal law cases (including DUIs). Two of our associates have backgrounds in criminal law which has allowed them to get trial experience while working for the State of Florida. Attorney Abigail Walters spent time at the prosecutor’s office in Hillsborough County and Attorney Ralph Vickers spent time as a public defender in Pinellas County. While the law is the same everywhere, the way it is prosecuted and treated can vary greatly by jurisdiction. The different perspectives of prosecutor and public defender in different counties helped me better understand just how different things can be and the importance of having an attorney with local knowledge. Public defenders and prosecutors get tremendous experience in front of the same judges on a regular basis. So, why hire a private attorney instead of using a public defender if you are charged with a crime? The following article was written by Attorney Ralph Vickers when asked: “What are the advantages to a private criminal law attorney?”
Why Retaining a Private Criminal Defense Attorney Can Make a Difference
When you’re facing criminal charges, one of the first decisions you must make is whether to retain a private attorney or accept representation from the Public Defender’s Office. This is an important choice, and many people understandably feel unsure about which option is best for their situation.
Before anything else, it’s worth saying clearly: public defenders are highly skilled, dedicated attorneys. They work hard for their clients under challenging circumstances. Many of them are among the most experienced trial lawyers in their communities. This article does not aim to criticize public defenders or suggest they provide poor representation.
The biggest difference with a private attorney is that you are paying for time and attention, which public defenders cannot always do because they have so many clients.
Individualized Time and Attention
When you hire a private attorney, you’re retaining someone who can devote the time needed to fully immerse themselves in your case. Private attorneys typically manage smaller caseloads, which allows them to spend more time:
- Reviewing discovery in detail
- Communicating with you regularly
- Meeting with witnesses
- Researching legal issues
- Building defenses proactively
- Preparing thoroughly for hearings and trial
Public defenders, by contrast, are often assigned very high caseloads due to the volume of people who qualify for their services. Public defenders do exceptional work under heavy pressure, but the reality is that their time is stretched. They are often in court five days per week, which limits their time to review cases.
A private attorney can simply devote more hours to your case, which often means earlier investigation, deeper strategy discussions, and more opportunities to work through concerns and questions.
Early Representation Can Shape the Entire Case
Another significant advantage of retaining a private attorney early is the opportunity for pre-filing intervention. After an arrest, the State Attorney’s Office reviews the case to decide whether charges should be formally filed. During this critical window, a private attorney can evaluate the evidence, contact the assigned prosecutor, and present information that may not be reflected in the police reports such as context, witness statements, mitigation, or legal deficiencies.
This early involvement can influence whether charges are filed at all. It is far easier to prevent a weak or unfounded case from being filed than to convince the State to drop charges after they have already been initiated. Engaging a private attorney quickly gives you the best chance to protect your record before the case even reaches the courtroom.
Direct Access to Your Attorney
When you retain a private attorney, you typically have more direct and ongoing access to the person handling your case. That may include:
- Direct email access
- Scheduled phone calls
- Periodic updates
- Meetings as needed
- Faster responses to new developments
Public defenders, due to their extremely high caseloads and courtroom schedules, often have limited communication windows. It may take longer to get updates because they are juggling hundreds of clients at once.
Hiring a private attorney means your case gets more consistent attention and quicker communication when something changes in the case or when you simply have questions.
Strategic Planning That Fits Your Life
A private defense attorney is also able to consider your long-term goals and personal circumstances more comprehensively. While all defense attorneys want the best outcome for their clients, a private lawyer may have greater flexibility to spend time strategizing around:
- Employment or licensing concerns
- Immigration consequences
- Professional or reputational considerations
- Long-term criminal record implications
- Personal or family-related dynamics
Because a private attorney can devote extra time to understanding your priorities, they can incorporate those priorities into plea negotiations, motion practice, and trial strategy.
More Time for Investigation and Review
Many criminal cases turn on careful investigation: examining physical evidence, reviewing hours of body-worn camera footage, dash camera footage, contacting witnesses, analyzing reports for inconsistencies, and looking for legal issues that may not be obvious at first glance.
A private attorney often has more bandwidth to conduct these deeper investigations early. This can make a meaningful difference in how the case develops, especially in cases involving:
- DUI / BUI
- Domestic battery
- Drug charges
- Theft cases
- Violent felonies
- Complex or multi-witness situations
A private law firm also often has the ability to bring in investigators, expert witnesses, or specialists when needed. These resources can strengthen defenses and uncover weaknesses in the State’s case that might otherwise go unnoticed.
Consistency and Continuity Throughout the Case
Public defenders are sometimes transferred between divisions, reassigned, or promoted, which can result in your case being handed off to a new attorney mid-stream. While PD offices do an admirable job keeping files organized, that transition can still create delays or require a new lawyer to get up to speed.
With a private attorney, you generally work with the same lawyer throughout the entire process, from the first consultation through pretrial work and, if necessary, trial. That continuity allows for:
- A stronger attorney-client relationship
- Better long-term planning
- More consistent messaging to prosecutors
- Smoother preparation
It also means your lawyer knows your case inside and out because they’ve been with you from day one.
Proactive, Rather Than Reactive, Defense
Because private attorneys have more time per client, they can often take a more proactive approach to the defense. This may include:
- Filing early motions
- Pursuing diversion or mitigation options
- Identifying weaknesses in the State’s case earlier
- Gathering favorable evidence
- Helping clients complete evaluations, treatment, or counseling in advance
- Negotiating from a position of preparation rather than urgency
Being proactive can significantly influence negotiations and may lead to reduced charges or more favorable resolutions.
Personal Investment in Your Outcome
Private attorneys are retained directly by the client, which naturally creates a deeper one-on-one relationship. Your attorney has the ability to prioritize your goals, your story, and your specific concerns, and to take the time necessary to craft a defense that fits you.
Most clients appreciate having a lawyer who can sit down with them as long as needed, explain every option, and make sure they feel informed and supported throughout the process.
Take the Next Step Toward a Stronger Defense
Public defenders are an important part of our justice system, and many are excellent lawyers. However, the Public Defender’s Office handles a very large number of cases and has fast courtroom schedules. Because of this, public defenders cannot always give each client the same personal attention that a private attorney can provide.
Facing criminal charges is stressful, and having a lawyer involved at the very beginning of the case can make a real difference. Early representation gives your attorney time to review the facts, speak with the State Attorney, and act before charges are formally filed. Hiring a private criminal defense attorney means you receive more attention, more communication, and a defense strategy that is built around your specific situation from the start.
Pinellas Family Lawyer is here to provide clear guidance and strong representation when you need it most. Contact our office today to schedule a confidential consultation and work with a lawyer who is dedicated to protecting your rights and your future.