Bail Questions • After an Arrest • Arizona
What Is the Difference Between a Public Defender and a Private Attorney?
A public defender is appointed by the court for a person who cannot afford counsel, while a private attorney is chosen and paid by the defendant or family.
Quick answer
A public defender is appointed by the court for a person who cannot afford counsel, while a private attorney is chosen and paid by the defendant or family. Both are licensed criminal lawyers. The difference is who selects them, who pays, and how much time each can give one case.
How a public defender is appointed in Maricopa County
At the initial appearance, within 24 hours of arrest, the judge asks whether the person can afford a lawyer. Someone who cannot is screened and the Maricopa County Public Defender is appointed; if that office has a conflict, the Legal Defender or contract counsel takes the case. The court can order a partial repayment fee, so 'free' is not always exact, but the person gets a lawyer the same day.
Public defenders are experienced criminal lawyers who handle felonies in Superior Court and misdemeanors in the justice and city courts every day. Their limitation is volume. Heavy caseloads mean less time per client, slower callbacks, and less room to chase a case that needs investigation. That is the trade, not a question of competence.
What a private attorney changes
A private attorney is selected and paid by the family, so the family controls who handles the case and can expect more time on it: more calls returned, more investigation, more attention to motions and plea negotiations. A family can hire private counsel at any point, including after the public defender has started, and the public defender then withdraws.
The decision usually turns on money and complexity. A first-time misdemeanor in city court may resolve well with appointed counsel. A serious felony with a high bond, a dangerous-offense allegation or several courts involved is where families most often pay for a private lawyer. Nothing requires choosing before the initial appearance; the appointed lawyer covers that hearing, and a private attorney can step in days or weeks later without the case starting over.
What neither lawyer can do about bail on their own
No attorney, appointed or hired, can change bail by themselves. Bail is set by the judge under A.R.S. 13-3967 and can be changed only by a judge, usually on a motion at arraignment or a later hearing where the lawyer presents employment, residence and family ties. Until that happens, the amount on the record is the amount that must be posted.
That is where the two tracks separate. The lawyer works on the case; a licensed bail agent works on the release. If a secured bond is set, the agent posts it at the 4th Avenue Jail Bond and Fine Room the same day for a premium of typically 10% under rates filed with DIFI, and the person goes home while the lawyer prepares. See how bail bonds work for the steps. A person who is out on bond can meet the lawyer in an office instead of through jail video, which helps whichever lawyer they have.
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A licensed agent answers any hour, confirms the custody location and bail amount, and posts the bond while you stay home.
Related Questions
Are public defenders free in Arizona?
Mostly. A person who cannot afford counsel is appointed a public defender at the initial appearance at no up-front cost, but the court can order a partial repayment fee based on ability to pay. The appointment itself does not depend on paying anything first.
Who qualifies for a public defender in Arizona?
A person charged with a crime who cannot afford to hire a lawyer. The initial appearance judge screens income and assets and appoints the Public Defender, Legal Defender or contract counsel. A family can replace appointed counsel with a private attorney at any time.
What is the Legal Defender in Maricopa County?
It is a separate county office that takes cases when the Public Defender has a conflict, for example when two codefendants both need appointed counsel. Contract counsel handles further conflicts. All of them are experienced criminal lawyers appointed by the court.
Does hiring a private attorney get bail lowered?
Not automatically. Any lawyer can ask the judge to reduce bail or change conditions by presenting employment, residence and family ties, and the judge decides. A private attorney may have more time to prepare that request, but the decision belongs to the court.
Should you pay for a lawyer or a bail bond first?
They solve different problems. The bond gets the person home while the case runs, and a public defender is appointed at the initial appearance regardless, so many families post the bond first and hire counsel after. Call One Stop Bail Bonds any hour and an agent will walk you through it.