If you have been arrested or charged with a crime in Ohio, one of the first decisions you may face is whether to hire a private criminal defense lawyer or use a public defender. For many people, this is an important and sometimes difficult decision. You may be concerned about the cost of hiring a lawyer, the seriousness of the charges, and whether having a private attorney will make a difference in your case.
Ohio law provides the right to legal representation for people who qualify for appointed counsel. Depending on the circumstances, representation may be provided by a county public defender, a court-appointed attorney, or another appointed lawyer. Ohio law also allows private attorneys to represent clients who retain them directly.
The right choice depends on your financial circumstances, the charges you are facing, the complexity of your case, and your individual preferences.
What Is a Public Defender in Ohio?
A public defender is an attorney who represents people who cannot afford to hire private counsel and who meet the applicable financial eligibility requirements.
Ohio's system for providing representation to people who are unable to afford an attorney varies by county. Some counties have public defender offices, while others use appointed private attorneys or other systems for providing indigent defense.
If you qualify for appointed counsel, having a public defender does not mean you are giving up your right to meaningful legal representation. Public defenders are attorneys and are subject to the same professional and ethical obligations that apply to other lawyers.
Ohio law specifically provides that communications between a defendant and a public defender are protected by attorney-client privilege to the same extent as communications with privately retained counsel.
What Is a Private Criminal Defense Lawyer?
A private criminal defense lawyer is an attorney you personally retain to represent you in your criminal case.
When you hire a private attorney, you generally have the opportunity to research attorneys, speak with prospective lawyers, and select the attorney you want to represent you. You can ask about the lawyer's experience with the type of criminal charge you are facing, their approach to your case, communication practices, and legal fees.
For example, if you are facing an Ohio DUI/OVI, drug offense, assault charge, theft charge, domestic violence charge, or felony, you may want to speak with an attorney who regularly handles that type of case.
Private Lawyer vs. Public Defender: What Is the Difference?
There is no single answer to whether a private attorney or public defender is right for every defendant. The two options can differ in several practical ways.
1. Cost
The most obvious difference is cost.
If you qualify financially for appointed counsel, you may be represented through Ohio's indigent defense system rather than paying a private attorney's normal fees. Ohio law establishes standards for determining indigency and provides procedures concerning the costs of appointed representation.
A private criminal defense lawyer generally requires the client to pay an agreed-upon fee. The amount can vary considerably depending on the charges, complexity of the case, whether the case goes to trial, and the amount of work required.
If the cost of a private lawyer is a concern, it is worth asking an attorney about the expected fee and what services are included before making a decision.
2. Choosing Your Attorney
One potential advantage of hiring a private lawyer is that you choose the attorney who represents you.
You can research the attorney's background, experience, practice areas, and approach before making a decision.
With appointed counsel, the method of selecting or assigning counsel depends on the county and applicable procedures. Ohio law also recognizes circumstances in which an indigent person may select personal counsel or request particular appointed counsel, subject to the applicable rules and court procedures.
3. Communication and Accessibility
Communication is an important part of any attorney-client relationship.
When considering a private criminal defense attorney, you can ask questions such as:
Who will handle my case?
How often will I receive updates?
Who should I contact if I have questions?
Will the attorney personally attend my court hearings?
How will we prepare for court?
What should I expect during the next stage of my case?
Public defenders also have professional obligations to communicate with their clients. However, individual offices and attorneys may have different procedures for managing cases and communicating with clients.
4. Experience With Your Particular Type of Case
Whether you hire a private attorney or receive appointed counsel, experience with the type of criminal charge you are facing can be important.
Criminal law covers a wide range of offenses. A lawyer may regularly handle cases involving:
OVI/DUI
Drug possession and drug trafficking
Assault
Domestic violence
Theft
Burglary
Robbery
Felony offenses
Weapons charges
Juvenile offenses
Probation violations
Misdemeanor offenses
White-collar crimes
Serious violent offenses
When speaking with an attorney, ask about their experience with cases similar to yours.
Does Having a Private Lawyer Mean You Will Get a Better Result?
Not necessarily.
Hiring a private attorney does not guarantee a particular outcome, and having a public defender does not automatically mean that your case will be handled poorly.
The outcome of a criminal case can depend on numerous factors, including the evidence, the specific charges, the applicable law, the facts surrounding the arrest, prior criminal history, witnesses, constitutional issues, and decisions made during the case.
The important question is whether you have competent legal representation and understand the options available to you.
When Should I Consider Hiring a Private Criminal Defense Lawyer?
You may want to consider speaking with a private criminal defense attorney if:
You can afford to retain private counsel.
You want to select your own attorney.
You want to discuss your case with an attorney before deciding how to proceed.
Your case involves complicated legal or factual issues.
You are facing serious felony charges.
You are concerned about potential jail or prison time.
Your professional license, employment, immigration status, or other important interests could be affected by a conviction.
You believe there may have been an unlawful search, seizure, interrogation, or arrest.
You have questions about a plea offer.
You are considering taking your case to trial.
You simply want to understand your legal options before making an important decision.
These circumstances do not mean that you must hire a private attorney. They are reasons you may benefit from having a consultation with one.
When Does a Public Defender Make Sense?
For some people, a public defender or appointed attorney may be the appropriate option.
If you cannot afford private counsel and qualify for appointed representation, you generally have an important avenue for obtaining legal representation without paying the ordinary cost of retaining a private lawyer.
Ohio's indigent defense system is specifically designed to provide legal representation to qualifying individuals who are unable to pay for an attorney. Ohio law establishes standards for determining indigency and provides for representation in criminal matters where a person faces a potential loss of liberty.
If you have been assigned a public defender, you should communicate openly with your attorney, provide all relevant information about your case, attend your scheduled court appearances, and ask questions when you do not understand something.
Can I Switch From a Public Defender to a Private Lawyer?
Potentially, yes.
If you initially receive appointed counsel but later decide that you want to retain a private attorney, you should discuss the change with the attorney you want to hire and the court handling your case.
There can be procedural and financial considerations involved in changing representation. For example, Ohio's rules address situations in which a person who has been represented by appointed counsel later retains private counsel.
Because every criminal case is different, it is best to address the issue with the attorneys involved rather than simply assuming that changing lawyers will happen automatically.
What Should I Ask a Private Criminal Defense Attorney?
Before hiring a lawyer, consider asking:
How much experience do you have handling cases like mine?
What are the possible penalties for my charge?
What defenses may apply to my case?
Are there problems with the evidence or the way I was arrested?
What should I expect at my next court hearing?
What are my options besides going to trial?
How much will representation cost?
What does the fee cover?
Who will handle my case?
How will you communicate with me about my case?
An initial consultation can also give you an opportunity to explain what happened and learn what issues may need to be addressed.
What If I Cannot Afford a Private Criminal Defense Lawyer?
If you cannot afford to hire a private attorney, you should not simply assume that you have to represent yourself.
Ohio provides mechanisms for qualifying indigent defendants to receive appointed legal representation. The specific process can vary depending on the county and the court handling the case.
If you are unsure whether you qualify, you can ask the court or the appropriate public defender or appointed-counsel office about the process for requesting representation.
Should I Hire a Private Lawyer or Use a Public Defender?
The answer depends on your circumstances.
A public defender or appointed attorney can provide legal representation if you qualify under Ohio's indigent-defense requirements. A private criminal defense attorney gives you the opportunity to select your own lawyer and privately retain counsel to handle your case.
If you are financially able to hire a private attorney, you may want to schedule a consultation before making your decision. A consultation can help you understand the charges against you, the potential consequences, and the legal options that may be available.
Most importantly, do not wait until the last minute to seek legal advice. Evidence can become harder to locate, important deadlines can approach, and decisions made early in a criminal case can affect what happens later.
Talk to an Ohio Criminal Defense Lawyer
If you have been arrested, charged with a crime, or are under investigation in Ohio, Robert Wisniewski of Robert W Legal can discuss your situation and explain your legal options.
Every criminal case is different. The potential consequences of a conviction can depend on the specific offense, your circumstances, and your prior record. Speaking with an experienced Ohio criminal defense attorney can help you understand what you are facing and what steps may be available to you.
Contact Robert W Legal to schedule a consultation with Ohio criminal defense attorney Robert Wisniewski.
This article is for general informational purposes only and does not constitute legal advice. Every criminal case is different, and the law may change. If you are facing criminal charges or an investigation, consult an attorney about the specific facts of your situation.
