Why You Need a Private Attorney for Criminal Appeals and Federal Trials

public attorney vs private attorney

If you’ve been charged with a federal crime or have a criminal conviction you wish to appeal, you may have a choice between retaining private legal representation or working with a public defender. But what is the difference between a public defender and a lawyer who works as a private practice attorney?

Contact the team at Broden & Mickelsen, LLP to learn how our firm can provide the robust criminal defense you need and deserve.

Public Defender vs. Private Attorney

Defendants facing criminal prosecution or pursuing an appeal after trial may have a choice between using a public attorney vs. private attorney. A public attorney is a court-appointed attorney who represents a criminal defendant who cannot afford to hire an attorney but wants legal representation for their criminal trial. However, a criminal defendant cannot choose a particular court-appointed lawyer to represent them. Instead, the court or the public defender’s office will select a specific attorney based on factors such as the next attorney on the public defender’s office’s rotation list, the caseloads of the various attorneys in the office, or whether a specific public defender has unique experience relevant to the case.

Alternatively, a defendant may hire a private practice lawyer to represent them against criminal charges. A private practice lawyer may represent a defendant for a fee paid by the defendant or their family or friends.

How Often Do Public Defenders Win Cases?

When you have a choice between a public defender or private counsel, you might lean towards having a public defender, as they may represent you for free. However, knowing how often public defenders succeed in federal trials or criminal appeals is essential. One study conducted by the U.S. Department of Justice’s Office of Justice Programs found that public defenders secured acquittals in only 1 percent of federal criminal cases and dismissals in 6.7 percent of cases. Conversely, 87.1 percent of cases where defendants had public defenders ended in a guilty plea, a number that includes cases where the public defender negotiated a plea deal.

In contrast, private defense attorneys in federal criminal cases secured an acquittal 1.6 percent of the time and dismissals 7.4 percent of the time, with 84.6 percent of cases ending in guilty pleas.

Private attorneys typically have a slightly better success rate in federal criminal cases than public defenders. However, some law firms have a track record of success that stands out from their peers in the private criminal defense industry. For example, in one recent year, attorney Clint Broden of Broden & Mickelsen, LLP achieved a success rate of 22.3 percent in federal criminal appeals, a rate four times better than the national average and more than five times better than the average success rate in the Fifth Circuit. Furthermore, Broden & Mickelsen, LLP achieves dismissals or acquittals in criminal cases at a rate four to five times better than national and state averages.

Benefits of Hiring a Private Attorney for Your Criminal Case

Hiring a private attorney for legal defense in a criminal case offers various advantages over representation from a public defender. Unfortunately, many public defenders must contend with challenges such as limited resources provided to public defenders’ offices and heavy caseloads, as many defendants in the criminal justice system cannot afford private representation.

As a result, public defenders may not have the capacity to devote the time and resources to a criminal case that private lawyers can. Public defenders may not prepare a defense case as thoroughly as a private criminal defense attorney would or may pressure defendants to accept plea offers to lighten their caseload, even though further legal advocacy could secure a better result for the client.

Some of the benefits of private counsel in criminal cases include:

  • Lighter Caseload – Private defense counsel can manage their caseloads, taking on only the number of cases that allow the attorney to devote the time and resources each client deserves.
  • More In-Depth Experience – Many private criminal defense attorneys will have in-depth experience in specific areas of criminal law, including experience handling specific types of charges or pursuing criminal appeals.
  • More Resources – Private defense counsel may have greater access to resources, such as expert witnesses, that can help build a more compelling defense case.
  • Personalized Attention – Private attorneys have fewer cases, so they can devote more time to clients without the pressure of moving on to another client due to a heavy caseload.
  • Familiarity with Local Courts – Private criminal defense attorneys may focus their practice on courts in their local community, allowing them to develop extensive experience with local court procedures and working relationships with court staff, judges, and prosecutors.
  • Willingness to Take Cases to Trial – Whereas public defenders may feel pressured to lighten their caseload by resolving them as quickly as possible through plea deals, private attorneys may take cases to trial if their clients wish to assert their innocence or fight their charges.

Why Choose Broden & Mickelsen, LLP for Your Federal Case or Criminal Appeal

You should choose Broden & Mickelsen, LLP to assist you through the criminal justice process because:

  • Our team includes attorneys who have received board certification in criminal law and criminal appellate law from the Texas Board of Legal Specialization.
  • Our attorneys have over 60 years of combined criminal defense experience, including cases at the trial and appellate levels of state and federal courts.
  • We also have a proven track record of success in post-conviction relief proceedings.

Contact Us Today for a Free Consultation

When you face prosecution in the federal criminal justice system or want to file an appeal to challenge errors that occurred during your criminal trial, you need a highly experienced criminal appeals lawyer who can help you stand up for your rights and interests. Contact Broden & Mickelsen, LLP today for a confidential consultation with a private defense attorney.