Should I accept the public defender or hire a private criminal defense lawyer?

KEY TAKEAWAYS:

Public defenders are licensed, dedicated attorneys, but Broward County's heavy caseloads often make it difficult for them to give individual cases the time and aggressive attention that felony and misdemeanor charges demand. A private Fort Lauderdale criminal defense lawyer can investigate earlier, communicate more directly, and build a more proactive defense strategy. For anyone whose freedom, career, or record is on the line, the difference in available time and attention can determine the outcome.

When you are facing felony or misdemeanor charges in Fort Lauderdale, one of the first decisions you face is whether to accept a court-appointed public defender or hire a private criminal defense lawyer. It is a decision many people make under stress — and it is one of the most consequential choices in the entire case.

Attorney Dave Simmons has sat in both chairs. Before opening his private practice, he served as both an Assistant State Attorney and an Assistant Public Defender in Broward County's 17th Judicial Circuit. He has deep respect for public defenders and the work they do. He also understands, firsthand, the structural limitations that work against them — and against the clients they represent. Here, he explains what to consider when deciding on retaining a public defender vs. a private criminal lawyer.

What Is a Public Defender in Florida?

Under the Sixth Amendment and Florida Statutes §§ 27.51 and 27.52, defendants who qualify as indigent may be entitled to court-appointed counsel. In Broward County, that representation is generally provided by the Broward County Public Defender's Office. 

Public defenders are fully licensed Florida attorneys. They attend the same law schools, pass the same bar exam, and appear in the same courtrooms as private defense lawyers. Many are experienced, talented, and genuinely committed to their clients.

The issue is not competence. The issue is often capacity.

The Pros and Cons of Using a Public Defender

For defendants who cannot afford private counsel, the right to a public defender is a constitutional right and a meaningful one. There are real advantages:

• No cost: Public defender representation is provided at no charge if you qualify financially — ensuring no defendant faces the system alone simply because they lack resources.
• Courtroom familiarity: Public defenders appear before Broward County judges constantly and often develop a strong working knowledge of local prosecutors, procedures, and court expectations.
• Commitment to the accused: Many public defenders are motivated by a genuine belief in the importance of the work. It was that same motivation that drew Dave Simmons to the Public Defender's Office earlier in his career.

The limitations, however, are real and should be considered when deciding on a public defender vs. a private criminal lawyer. In a misdemeanor or felony case, they can matter significantly:

• High caseloads: Broward County public defenders routinely carry caseloads well above what national guidelines recommend. When one attorney is managing dozens of open cases, the time available for any single client is limited — and in a criminal defense case, time is often the most critical resource.
• Limited capacity for early investigation: A strong defense often depends on acting quickly — intervening before charges are formally filed, preserving evidence, and identifying weaknesses in the State's case during the pre-filing window. That kind of proactive, time-sensitive work is difficult when caseload demands are high.
• Restricted access and communication: Clients with public defenders often struggle to reach their attorney between court dates. When questions arise or the case develops, limited access to counsel can leave critical decisions poorly informed.
• No choice of attorney: A public defender is assigned, not selected. If a communication problem or personality conflict arises, options for changing representation are limited.

What Are the Pros and Cons of Hiring a Private Criminal Defense Attorney?

For defendants who can retain private counsel, the differences between hiring a public defender vs. a private criminal lawyer can be significant — especially in cases where the pre-filing and pre-arraignment windows are critical. 

The only meaningful disadvantage of private representation is cost. That is a real consideration, and it is worth weighing honestly against what is actually at stake.

Here are a few of the many benefits of retaining our dedicated criminal defense lawyer:

• Personal attention and a controlled caseload: A private attorney takes on fewer cases by design, which means more time on the facts, the evidence, and the defense strategy. At the Law Offices of Dave L. Simmons, every case is handled personally by Dave — not delegated to an associate or paralegal.
• Proactive defense from day one: Private counsel can begin working before charges are filed, during the critical 21-to-30-day pre-filing window. This is when the State Attorney's Office decides whether to pursue a felony, reduce it to a misdemeanor, or decline prosecution entirely — shaping the trajectory of the case from the outset. Our attorney will develop a strategic defense for you during this crucial period.
• Direct and consistent communication: When you retain our private criminal defense lawyer, you have a direct line to him throughout the process. When your case develops, you hear about it. When you have questions, you get answers.
• Insider knowledge of Broward County courts: Dave Simmons spent years as both a prosecutor and public defender in the 17th Judicial Circuit. This gives him a working knowledge of how felony and misdemeanor cases move through Broward County, from which arguments resonate with which judges, to how the State's Attorney's Office evaluates cases for reduced charges or a diversion program.

What's Actually at Stake in a Broward County Criminal Case

A misdemeanor conviction can mean jail time, fines, probation, and a permanent record that follows you through background checks, professional licensing applications, and housing decisions. Felony charges carry the possibility of state prison, civil rights consequences, and a conviction that cannot be sealed or expunged — affecting employment, housing, and personal relationships for years.

Public defenders serve an essential role, but heavy caseloads may limit the time they can devote to each client. Our attorney can begin investigating promptly, communicate directly with you, review the prosecution’s evidence, and develop a defense strategy tailored to the specific facts of your case. 

The decision is not simply whether private representation costs more. It is whether the long-term cost of a preventable conviction could be far greater. Given the stakes you face, retaining our private criminal defense lawyer at the Law Offices of Dave L. Simmons, P.A. is often the wiser choice.