In a previous article, we mentioned that criminal defendants may have more than one choice available to them when it comes to legal representation in their Texas criminal law matter. Today, we’ll explore the similarities and differences between assigned counsel, public defenders, and private counsel. It is our hope that this article empowers you, the defendant, to make a well-informed decision about the type of legal representation that you choose for your Texas criminal law matter.

All attorneys who are in private practice in the State of Texas, as well as all attorneys who serve as assigned counsel or in public defenders must be licensed and insured. Attorneys are held to stringent licensing requirements and must continually educate themselves about the changing landscape of their profession. Licensing and insurance provide a means of assuring that attorneys who practice in Texas are qualified to provide competent representation for their clients. However, there are three critical differences that you’ll want to consider when deciding which type of legal representation you wish to pursue if public defender or assigned counsel services are available to you.

Cost is the first thing that comes to mind when many defendants realize that they need an attorney. Some defendants truly cannot afford to pay for the services of even the most reasonably priced private defense counsel. Fortunately, as we mentioned in our last blog post, these defendants do not have to navigate the criminal justice system on their own. Public defenders and assigned counsel are paid by the counties that they work for, not by the defendants themselves. Defendants must fill out an application if they want to find out whether they’re eligible for representation by a public defender or assigned counsel. It is possible that some defendants with limited financial resources could be deemed able to pay for their legal defense. Private counsel are paid by their clients. The fees charged by private counsel vary greatly and are based upon many factors, including experience and expertise.

Caseload is another factor that defendants must consider when deciding whether to pursue private representation or apply for the services of assigned counsel or a public defender. Private counsel often take pride in providing personalized attention to each of their clients, and they realize that providing quality legal representation takes time. Most private counsel manage their caseload carefully so that they can spend the amount of time in each client’s case that they feel it needs. In contrast, many assigned counsel and public defenders are given large caseloads. They are often unable to spend much time on each of their clients’ cases.

A third important distinction between private legal counsel and public defenders and assigned counsel is that defendants who hire private counsel to represent them have the freedom to choose their attorney. Defendants who obtain legal representation by assigned counsel or through a public defender’s office are unable to choose who will represent them in their Texas criminal law matter. They are represented by the attorney to whom the county sends their case.

The guarantee of legal counsel for indigent defendants that is provided by Gideon v. Wainwright is a vital component of obtaining justice for criminal defendants regardless of their ability to pay. However, not all attorneys can provide the same level of support to their clients. To learn more, call Texas criminal Defense Attorney Alex Tyra today,  at (903) 753-7499, or fill out a contact form on our website.