Why You Shouldn’t Rely on Public Defenders for Serious Criminal Charges

If you've been arrested and charged with a crime in Pennsylvania, you have a legal right to an attorney. If you cannot afford one, the court will appoint a public defender. While public defenders are hardworking professionals, relying on one—especially for serious criminal charges—may not be your best option.

Mark D. Hauser

7/23/20252 min read

photo of white staircase
photo of white staircase

In high-stakes cases, the consequences of a conviction can affect your freedom, family, employment, and future. Having a private criminal defense attorney can give you the time, attention, and strategy your case deserves.

Here’s why choosing private legal representation can make a major difference in the outcome of your case—especially in Philadelphia and throughout Pennsylvania.

Public Defenders vs. Private Defense Attorneys: The Key Differences

Both public defenders and private attorneys are licensed professionals, but their resources and case management are very different.

🔴 Public Defenders:

  • Are assigned by the court

  • Work for the government

  • Handle dozens or even hundreds of cases at once

  • Have limited time to meet with each client

  • Are often underpaid and overworked

  • Cannot choose which clients to take

🟢 Private Defense Attorneys:

  • Are hired directly by the client

  • Work for you—not the government

  • Can limit their caseload to focus on your case

  • Offer more time for meetings, investigation, and strategy

  • Can bring in experts, investigators, and consultants

  • Are fully accountable to you

When your future is on the line, having an attorney who can dedicate full attention to your case is essential.

Public Defender Workload in Philadelphia

In Philadelphia, the Defender Association handles thousands of cases each year. Public defenders may appear in multiple courtrooms daily and carry dozens of open files at once.

This heavy caseload makes it hard to:

  • Conduct thorough investigations

  • File pretrial motions

  • Visit crime scenes

  • Subpoena records or witnesses

  • Cross-examine officers with customized strategy

In contrast, a private attorney like Mark D. Hauser has the time and experience to build a case-specific defense based on the unique facts of your situation.

When It’s Especially Risky to Use a Public Defender

While public defenders can be effective in low-level misdemeanors or first-time offenses, using one for serious charges increases your risk. This includes:

  • Felony drug charges

  • DUI with injury

  • Gun or weapons offenses

  • Aggravated assault

  • Domestic violence

  • Theft or robbery

  • Sex crimes

  • Homicide

  • Federal offenses

These cases often involve complex legal issues, multiple court appearances, and opportunities to suppress evidence or negotiate favorable plea deals—opportunities that require time and focus.

Private Attorneys Offer Strategic Advantages

Hiring a private criminal defense lawyer gives you control and options:

More availability – You can reach out for questions or updates
Hands-on strategy – Custom defense plans, not a one-size-fits-all approach
Experienced negotiation – More time to pursue charge reductions or diversion
Trial preparation – Greater ability to prepare witnesses, review discovery, and counter the prosecution
Continuity – You won’t be passed off to a different lawyer at the last minute

Private attorneys also tend to have strong relationships with local prosecutors and judges, which can lead to better plea offers or more favorable sentencing recommendations.

What If You Already Have a Public Defender Assigned?

You can always hire a private attorney—even after being assigned a public defender. If your case is more serious than you first believed, or if you feel you aren’t getting enough attention or answers, you have the right to switch.

A private attorney can also request a continuance to take over the case and build a proper defense.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

Serious criminal charges require serious legal representation. With over 30 years of experience in Pennsylvania courts—including state, federal, and juvenile cases—Mark D. Hauser delivers personalized defense strategies that public defenders often don’t have time to offer.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.