What Is the Difference Between a Public Defender and a Private Attorney?

August 08, 2025

If you're facing criminal charges in Florida, one of the most important decisions you'll make is choosing your legal representation. Many defendants wonder: What is the difference between a public defender and a private attorney? While both are licensed lawyers who can represent you in court, there are key differences that may significantly impact the outcome of your case.


At Donet, McMillan & Trontz, P.A., we've spent decades defending clients in both state and federal courts, and we believe it's essential to understand your legal options before making such a critical choice.

Public Defender vs. Private Attorney: The Basics

What Is a Public Defender?
A public defender is a court-appointed attorney provided by the government for individuals who cannot afford to hire a private lawyer. Every state—including Florida—has a public defender's office that handles criminal defense cases for qualifying defendants.

What Is a Private Attorney?
A private criminal defense attorney is hired and paid by the defendant or their family. Private attorneys often work for law firms, like Donet, McMillan & Trontz, P.A., or manage their own practices. Because they are hired independently, they typically handle fewer cases and offer more personalized attention.

Key Differences Between Public Defenders and Private Attorneys

1. Caseload and Time Commitment

• Public Defenders: Often assigned dozens—or even hundreds—of cases at once. This heavy workload can make it difficult to devote substantial time to each client.


• Private Attorneys: Typically manage fewer cases at a time, allowing for more focused, strategic preparation and more availability to answer your questions.

➡️ Bottom line: If your case is complex or high-stakes, having an attorney who can devote more time to you may make a significant difference.


2. Choice and Continuity

• Public Defenders: You do not get to choose your attorney, and your assigned lawyer may change throughout the case due to office workload or reassignments.


• Private Attorneys: You choose who represents you. From start to finish, you work with the same legal team, ensuring continuity and trust.

➡️ Advantage: With a private attorney, you control the attorney-client relationship and can ensure consistent representation.

3. Access to Resources

• Public Defenders: May have limited access to expert witnesses, investigators, or specialized testing due to budget constraints.


• Private Attorneys: Have the flexibility and resources to invest in case-specific needs, such as hiring forensic experts, private investigators, or jury consultants.

➡️ Critical edge: In serious criminal cases, access to specialized resources can significantly strengthen your defense.

4. Client Communication

• Public Defenders: Due to time constraints, communication may be brief or infrequent.


• Private Attorneys: Offer more one-on-one interaction, regular updates, and the ability to discuss strategy in depth.

➡️ Benefit: A private attorney often provides a more client-centered experience, helping you feel informed and supported every step of the way.


5. Experience and Specialization

• Public Defenders: Many are highly skilled, especially in routine cases like misdemeanors or first-time offenses. However, they may not always specialize in complex or federal charges.


• Private Attorneys: You can hire a lawyer with a specific background in serious criminal defense, white-collar crimes, federal cases, or DUI defense.

➡️ Flexibility: With private counsel, you can choose someone who has a proven track record in cases like yours. Private attorneys are, in most instances, more accessible than public defenders.

So, Which One Should You Choose?

If your financial situation prevents you from hiring private counsel, a public defender is still a valuable legal resource. Many public defenders are dedicated, hardworking, and knowledgeable. Some of the best lawyers we have encountered are public defenders. The main issue is that you do not choose who will represent you. However, if you can afford to hire private counsel, doing so may give you:

• More time and attention on your case.


• A deeper legal strategy tailored to your circumstances.


• Greater communication and availability.


• Stronger case-specific resources and expert support.

How Donet, McMillan & Trontz, P.A. Can Help

At Donet, McMillan & Trontz, P.A., we're proud to offer aggressive, personalized criminal defense services throughout Florida. With more than 50 years of combined experience and a reputation for success in state and federal criminal cases, we provide:

✅ Strategic defense planning from day one.

✅ Direct access to your attorney, not an assistant.

✅ Honest guidance and responsive communication.

✅ Access to top-tier experts and investigative support.

✅ A history of courtroom success in even the toughest cases.

Whether you've been charged with drug trafficking, fraud, domestic violence, federal crime, or any other offense in state or federal court, we are here to protect your rights, your reputation, and your freedom.

Final Thoughts

Understanding the difference between a public defender and a private attorney can help you make the best decision for your future. If you're facing criminal charges, the quality of your defense can make all the difference. Contact Donet, McMillan & Trontz, P.A. today at (305) 444-0030 or visit www.dmtlaw.com to schedule a confidential consultation. We're ready to fight for you—every step of the way.