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Public defenders and private criminal defense lawyers

Your right to a lawyer if you are charged with a crime, how public defenders are appointed, and what to know about hiring a private defense lawyer. 4 min read

If you are charged with a crime, the stakes can include jail, fines, a permanent record, and effects on your job, housing or immigration status. Getting a lawyer early matters.

Your right to a lawyer

The U.S. Constitution guarantees the right to a lawyer in criminal cases. If you cannot afford one and you face a possible jail sentence, the court must appoint one at no cost or reduced cost. You also have the right to remain silent. If you are questioned by police, you can say that you want a lawyer and do not want to answer questions without one.

Public defenders

Public defenders are licensed lawyers employed by the government, or contracted by it, to represent people who cannot afford a lawyer. Many are highly experienced in local criminal courts. To get one, tell the judge at your first court appearance that you cannot afford a lawyer; you will usually fill out a financial form. Rules on who qualifies vary by state and county.

Public defenders often carry heavy caseloads, so be organized: write down your account of events, gather documents and witness names, and keep every court date.

Hiring a private defense lawyer

If you don't qualify for a public defender, or prefer to hire your own lawyer, look for someone who regularly handles your type of charge in the court where your case is. Criminal law and procedure vary by state, and local experience helps.

Fees. Criminal defense lawyers usually charge a flat fee for a stage of the case (for example, through a plea or through trial) or by the hour with a deposit. Contingency fees are not allowed in criminal cases.
What to ask. How many cases like mine have you handled in this court? What are the possible outcomes? Who will appear with me in court? What does the fee cover, and what costs extra?

Special situations

Not a U.S. citizen? Some convictions and even some pleas can affect immigration status. Tell your lawyer, who should advise on immigration consequences before you plead.
Professional license or security clearance? Tell your lawyer; a charge may need to be reported.
Juvenile cases follow different procedures, and the child usually has a right to a lawyer.

Check any private lawyer's license and discipline history first; see how to check a license.

Related guides

This guide is general information, not legal advice, and laws differ from state to state. For advice about your situation, talk to a lawyer licensed in your state. Last reviewed November 4, 2026.