August 2025: Written by the Legal Team of KH Law!
If you’ve been charged with a crime, one of the first questions you may have is whether to work with a public defender or hire a private lawyer. While both represent clients in criminal court, there are major differences in eligibility, communication, choice, and even case outcomes. At Kohlmeyer Hagen Law Firm, we believe it’s important to understand these differences so you can make the most informed decision about your defense.
What is a public defender? First, it’s important to note that a public defender is a real lawyer, licensed in Minnesota, but who is paid for by the state and is a court-appointed attorney provided to defendants who cannot afford private legal representation. Not everyone qualifies to receive a free lawyer, aka a Public Defender. In order to get a public defender in Minnesota, you must meet specific financial criteria. In most cases, you will need to complete a financial affidavit detailing your income, assets, and expenses. A judge reviews this affidavit to determine if you qualify.
If you are approved, the judge will appoint a public defender to your case. It’s important to note:
When comparing a public defender vs. a private lawyer, the most noticeable difference for many people is communication. Public defenders often have heavy caseloads, which means they spend a significant portion of their time in court and not in their offices.
This workload leaves very limited time for phone calls, emails, meetings, or detailed case updates. In many situations, you may only be able to speak with your public defender briefly on the day of a court appearance.
A private lawyer, on the other hand, controls their own caseload. At Kohlmeyer Hagen Law Firm, we intentionally limit the number of clients we represent at one time. This ensures that we have the time to:
For many people, this level of accessibility is critical during the stressful and unfamiliar process of a criminal case.
One of the biggest advantages of hiring a private defense lawyer is the ability to choose your representation. If you work with a public defender, you have no control over who is assigned to your case, and it’s rare to be able to switch public defenders even if you’re unhappy with their representation.
With a private attorney, you can:
Choosing your own lawyer means you can hire someone you trust and who you feel confident will fight for your best interests.
While public defenders are dedicated professionals, studies show that outcomes can differ significantly between a public defender vs. private lawyer. In one study reviewing more than 5,200 cases, defendants represented by public defenders were more likely to be sentenced to jail. (according to an article in the American Journal of Criminal Justice) Those who hired private lawyers, on average, received sentences three years shorter than defendants represented by public defenders.
Why the difference? A private attorney has a direct business incentive to achieve positive outcomes for clients. If they fail to deliver results, they risk losing future clients. Public defenders, while committed, will always have a steady stream of cases regardless of past results.
Your freedom, criminal record, and future are at stake when facing criminal charges. The choice between a public defender vs. lawyer can have a lasting impact. If you qualify for a public defender, you will receive representation, but itmay come with limitations in time, communication, and choice of attorney. Hiring a private lawyer offers more control, availability, and based on studies can sometimes create better outcomes.
If you’ve been charged with a crime, Kohlmeyer Hagen Law Firm can review your case, explain your options, and work to achieve the best possible result. Contact us today for a confidential consultation.
