Should I Use a Public Defender or Hire a Private Criminal Defense Attorney?
If you’ve been arrested or charged with a crime in Colorado, one of the first and most important decisions you’ll face is this:
Should I use a public defender — or hire a private criminal defense attorney?
On the surface, the answer may seem simple. Public defenders are provided at no cost (if you qualify), while private attorneys charge fees. But the differences between them go far beyond money.
Your choice can affect how much time your attorney spends on your case, how quickly they respond to you, and ultimately, the outcome of your case.
This page breaks down the pros and cons of each option and explains how choosing the right criminal defense in Colorado can give you the strongest chance at avoiding jail, reducing charges, or even getting your case dismissed.
What Is a Public Defender?
A public defender is a government-employed attorney who represents people who cannot afford to hire private counsel. You must meet certain income qualifications to be appointed a public defender in Colorado.
Public defenders are experienced attorneys who know the criminal court system well — and many work hard for their clients. However, they’re also assigned hundreds of cases at once, which means they often lack the time and resources to give each case the personal attention it needs.
What Is a Private Criminal Defense Attorney?
A private criminal defense attorney is hired directly by you or your family. They handle fewer cases at a time, which allows them to:
- Dive deeper into the facts of your case
- Respond to your questions quickly
- Build a more customized strategy
- Meet with you more often
- Explore more creative defenses and options for resolution
Private attorneys are not free, but in many cases, the investment pays off in the form of better outcomes, shorter court involvement, and long-term protection of your future.
Key Differences: Public Defender vs. Private Attorney
Here’s a side-by-side breakdown:
While both types of lawyers are qualified to practice, private criminal defense in Colorado typically offers a higher level of service, strategy, and communication.
When a Public Defender Might Be a Good Fit
Public defenders can be a smart option if:
- You truly cannot afford private counsel
- The charge is a low-level misdemeanor
- The case is straightforward and likely to be resolved with a quick plea
- You’re early in the process and just need temporary representation at arraignment
Even in these cases, it’s worth consulting with a private attorney first to understand your full range of options. Many offer free consultations, and some offer flexible payment plans.
When You Should Strongly Consider a Private Attorney
If any of the following apply, hiring a private criminal defense attorney is highly recommended:
✅ The charge is a felony or could result in jail/prison
✅ Your case involves domestic violence, DUI, or drug charges
✅ You have prior convictions that could affect sentencing
✅ You’re concerned about immigration, employment, or licensing consequences
✅ You want personalized attention, fast communication, and a full explanation of your options
✅ You want someone who can build a comprehensive defense strategy and negotiate aggressively on your behalf
In these situations, investing in high-quality criminal defense in Colorado could be the difference between freedom and incarceration — or between a conviction and a clean record.
Real-World Example: Private Attorney Secures Case Dismissal
A young man facing a first-time felony drug charge in Denver was eligible for a public defender but chose to hire private counsel. His attorney:
- Reviewed the search warrant and discovered errors
- Filed a motion to suppress the evidence
- Negotiated with the DA to avoid filing charges altogether
The case was dismissed before arraignment. The man kept his record clean — and avoided the stress, cost, and consequences of prosecution.
Real-World Example: Public Defender Resulted in a Harsher Sentence
Another man facing a misdemeanor assault charge used a public defender. Due to limited time, the attorney didn’t fully investigate the incident or review available surveillance footage.
The client pled guilty without realizing there was a viable self-defense argument.
He later hired a private attorney to appeal, but the damage was done. With better initial representation, his case might have been dismissed.
Common Misconceptions About Hiring a Private Lawyer
“I can’t afford a private attorney.”
Many lawyers offer flat fees, payment plans, or limited-scope representation to reduce costs. Don’t assume it’s out of reach — ask about options during a free consultation.
“Public defenders are always worse.”
Not true — many public defenders are skilled, committed professionals. The issue is typically lack of time and resources, not ability.
“My case is small — I don’t need a private attorney.”
Even minor convictions can lead to job loss, license suspension, or immigration consequences. A private criminal defense in Colorado attorney may help avoid those long-term outcomes.
What to Look for in a Private Defense Attorney
Not all private attorneys are created equal. When choosing someone to represent you, look for:
- Extensive experience with criminal defense in Colorado
- Strong communication skills — clear, timely, honest
- Transparent pricing and payment options
- Courtroom experience and a track record of case dismissals, plea reductions, or favorable verdicts
- A commitment to personalized attention and treating you with respect
Your freedom, record, and future are on the line — don’t settle for less than a lawyer who treats your case like it matters.
How to Hire a Private Criminal Defense Attorney
Here’s how the process usually works:
- Schedule a free consultation (often same-day availability)
- Share the facts of your case — arrest date, charges, court location, etc.
- Ask questions about experience, strategy, and possible outcomes
- Discuss fees and payment options
- Retain the attorney — and let them take over communication with the court and prosecution
From that point forward, your lawyer will handle everything — from discovery to motions to negotiations and trial prep. That’s the power of having dedicated criminal defense in Colorado on your side.
Final Thought: Public Defender or Private Attorney — What’s Right for You?
Both public defenders and private attorneys play important roles in the justice system. The right choice depends on your specific case, your financial situation, and the level of support and strategy you want moving forward.
But if you’re facing serious charges — or you want someone who can dedicate more time, resources, and attention to your defense — hiring a private attorney is often the better path.
You only get one shot at protecting your record, your freedom, and your future. Make it count.
What to Do Next
Not sure whether to use a public defender or hire a private attorney? Let’s talk it through — for free.
- Call now for a free consultation with a criminal defense attorney in Colorado
- We’ll review your case, discuss your options, and give you honest, pressure-free advice
- You deserve to feel confident, informed, and protected every step of the way
Meet Dion Custis: A Criminal Defense Lawyer in Colorado Who Knows How to Win
For over 30 years, Dion J. Custis has fought for people just like you — individuals facing criminal charges and unsure of what comes next. Licensed in both Colorado and Wyoming, he’s handled thousands of cases in state and federal courtrooms, including:
- Felony assault charges
- Self-defense claims
- Allegations involving police officers
- Complex, high-stakes trial cases.
You don’t need to know the law. You need a criminal defense lawyer who knows how to use the law to protect you.
What our Client Says about Us
Start Building Your Defense Now — While You Still Have Time
You’ve got one shot to protect your name, your job, your record, and your freedom. Make it count. Don’t Face the System Alone — Schedule a Free Criminal Case Review Today.