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Felony Attorney vs. Public Defender: What’s the Difference?

Table of Contents
What Does a Felony Attorney Do?

What Does a Public Defender Do?

When to Choose a Private Felony Attorney
When a Public Defender May Be Appropriate
How to Decide: 5 Steps to Choosing the Right Representation

Experienced Criminal Defense for Complex Felony Cases

Facing felony charges is a serious matter that can have long-lasting consequences for your freedom, finances, and future. 

One of the most important decisions you’ll make early in the legal process is choosing your legal representation. Should you rely on a court-appointed public defender or hire a private felony attorney to advocate on your behalf?

Understanding the differences between these two options can help you make an informed choice that protects your rights and aligns with your needs. 

In this guide, we’ll break down the roles of felony attorneys and public defenders, compare the two, and outline key factors to consider when deciding how to move forward with your defense.

What Does a Felony Attorney Do?

A felony attorney is a licensed private criminal defense lawyer who represents clients facing serious charges. Their role extends across every stage of the legal process:

Case investigation

Felony attorneys conduct independent investigations that go beyond the evidence provided by the prosecution. They gather witness statements, analyze forensic materials, and assess law enforcement procedures to strengthen your defense.

Defense strategy

A felony attorney builds a legal strategy tailored to the specific circumstances of your case. This may include filing motions to suppress evidence, negotiating plea agreements, or preparing for trial.

Court representation

Your attorney will represent you in all court proceedings, ensuring your rights are protected and your defense is effectively presented.

Access resources

Private attorneys often work with investigators, forensic experts, and consultants who can provide valuable insights for building a strong defense.

Client communication

With smaller caseloads, felony attorneys are generally able to offer consistent communication and personalized guidance throughout the legal process.

When you are facing charges that could affect the rest of your life, the focused attention and resources that a felony attorney provides can help you pursue the best possible outcome.

What Does a Public Defender Do?

A public defender is a government-appointed lawyer assigned to individuals who qualify for court-appointed counsel based on financial need. Public defenders serve an essential role in ensuring that all defendants have access to legal representation, regardless of their ability to pay.

Public defenders are fully licensed attorneys who handle a wide range of criminal cases, including felonies. Their work includes:

Court representation

Like private attorneys, public defenders represent clients during all stages of the court process and work to protect their clients’ legal rights.

Negotiations and defense preparation

Public defenders negotiate with prosecutors, file legal motions, and develop defense strategies. Many are highly skilled advocates with significant courtroom experience.

Commitment to clients

Public defenders are deeply committed to providing quality legal representation. However, the volume of cases assigned to them can sometimes limit the time they can spend on each case.

Public defenders play a vital role in the justice system, and many defendants benefit from their expertise. However, certain cases, particularly those that are complex or carry severe consequences, may warrant seeking additional resources and dedicated attention through private representation.

When to Choose a Private Felony Attorney

Hiring a private felony attorney can offer several advantages, particularly if you are facing charges that could lead to prison time, significant fines, or a lasting criminal record. You may want to consider a private attorney if:

  • Your case is complex and involves multiple charges, forensic evidence, or expert witnesses.
  • You value frequent communication and want an attorney who can provide ongoing updates and personalized guidance.
  • You want access to additional resources, such as private investigators and forensic consultants, that can enhance your defense.
  • You seek a tailored legal strategy that reflects the nuances of your case and goals.

Private felony attorneys can often dedicate more time and attention to developing your defense, which may be an important factor depending on the circumstances of your case.

When a Public Defender May Be Appropriate

Public defenders provide important legal services and can be a strong option for many defendants. You might choose to work with a public defender if:

  • You meet the income qualifications for court-appointed counsel.
  • Your case is relatively straightforward and unlikely to go to trial.
  • You are comfortable with the pace and process of working within the public defender system.

Many public defenders are experienced and dedicated attorneys. The choice between public and private representation ultimately depends on your individual needs, priorities, and the complexity of your case.

How to Decide: 5 Steps to Choosing the Right Representation

Step 1: Assess the severity of your charges

If you are facing serious felony charges that could result in significant penalties, consider whether having a private felony attorney with additional time and resources might better support your defense.

Step 2: Evaluate the complexity of your case

Cases that involve multiple charges, expert testimony, or complicated legal questions often benefit from the focused attention that private counsel can provide.

Step 3: Decide how much communication you want

Think about your expectations for how often you want to communicate with your attorney. Private attorneys typically offer more frequent updates and personalized service.

Step 4: Consider budget and payment options

While hiring private counsel involves costs, many felony attorneys offer flexible payment arrangements. Consider whether this investment aligns with your priorities and the potential impact of your case.

Step 5: Prioritize your peace of mind

The legal process can be stressful and uncertain. Having a private felony attorney guiding you through each step and advocating on your behalf may offer valuable peace of mind during a difficult time.

Experienced Criminal Defense for Complex Felony Cases

Choosing the right legal representation is one of the most important decisions you will make when facing felony charges. 

At Chehardy Sherman Williams, our criminal defense lawyers bring hundreds of years of combined experience to clients across Metro New Orleans, Metairie, and the Northshore. With a dedicated Trial Team on hand, we represent individuals and corporations facing serious charges, from white-collar crimes like fraud and tax evasion to violent offenses, drug charges, and beyond. 

Recognized by Super Lawyers®, Martindale-Hubbell®, and Best Lawyers®, our attorneys are committed to protecting your rights and pursuing the best possible outcome.If you are under investigation or facing felony charges, contact us today to schedule a free, confidential consultation. We’ll put our experience to work and build the strongest possible defense on your behalf.