In Maryland and across the country, a public defender is a lawyer appointed and paid for by the government to defend your case. On the other hand, a private attorney is someone whom defendants pay to represent them in court.
When someone is accused of a crime in Maryland, they have the right to a lawyer. This is guaranteed by the Sixth Amendment of the U.S. Constitution and supported by Maryland law.
If a person cannot afford a lawyer, the court may appoint a public defender. If they can pay, they might choose to hire a private attorney. If you need representation and don’t qualify for a public defender, it’s best to contact a Baltimore criminal defense lawyer to get started on your case as soon as possible.
What Is a Public Defender in Maryland?
A public defender is a lawyer who works for the government. In Maryland, public defenders are part of the Office of the Public Defender, created under Maryland Code, Criminal Procedure § 16-101. Their job is to represent people who are charged with crimes and cannot afford to hire a lawyer.
Public defenders handle many types of cases, including:
- Theft
- Assault
- Drug charges
- DUI (Driving Under the Influence)
- Juvenile cases
How Do You Qualify for a Public Defender?
To get a public defender in Maryland, you must show that you cannot afford a private lawyer. This is called indigency. The court looks at your income, assets, and expenses.
You can apply for a public defender through the District Court Commissioner’s Office or at your first court hearing. If you are in jail, the process may happen automatically.
The law that covers this is Maryland Code, Criminal Procedure § 16-210, which explains how the court decides if someone qualifies.
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What Is a Private Attorney?
A private attorney is a lawyer who is hired and paid by the person accused of a crime. Private attorneys may work alone or as part of a law firm. They can choose which cases to take and often specialize in certain areas of law.
In Maryland, private attorneys must be licensed by the Maryland State Bar Association and follow rules set by the Maryland Rules of Professional Conduct.
How Do You Hire a Private Attorney?
To hire a private attorney, you can:
- Search online
- Ask friends or family for recommendations
- Contact the Maryland State Bar Association’s Lawyer Referral Service
Private attorneys may charge:
- Hourly fees
- Flat fees for certain cases
- Retainers (money paid up front)
Key Differences Between Public Defenders and Private Attorneys
Both public defenders and private attorneys are trained to defend people in court. But there are some important differences.
1. Cost
- Public Defender: Free or low-cost for those who qualify under Maryland law
- Private Attorney: Paid by the client; costs vary depending on the lawyer and case
2. Caseload
- Public Defender: Handles many cases at once due to high demand
- Private Attorney: May have fewer cases and more time for each client
3. Choice
- Public Defender: Assigned by the court; you cannot choose your lawyer
- Private Attorney: You choose who to hire based on your needs
4. Experience and Specialization
- Public Defender: Experienced in criminal law and local court procedures
- Private Attorney: May offer specialized experience in certain types of cases
5. Communication
- Public Defender: May have limited time to meet due to heavy workload
- Private Attorney: Often more flexible with meetings and updates
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Strengths of Maryland Public Defenders
Public defenders in Maryland are often very skilled. They work in criminal courts every day and know the judges, prosecutors, and legal system well. Many have years of experience and are committed to helping people who cannot afford legal help.
They must follow the same rules and ethics as private attorneys, including:
- Keeping client information private
- Giving honest advice
- Fighting for the best outcome
These rules are part of the Maryland Attorneys’ Rules of Professional Conduct, found in Title 19 of the Maryland Rules.
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Strengths of Private Attorneys in Maryland
Private attorneys may offer more time and personal attention. Because they are hired directly, they can focus more on each case. Some private attorneys specialize in areas like:
- Drug defense
- Violent crimes
- White-collar crimes
- Juvenile law
Hiring a private attorney also gives you the ability to choose someone you trust. You can ask about their experience, fees, and how they plan to handle your case.
What Should You Consider When Choosing?
Here are some things to think about when deciding between a public defender and a private attorney:
1. Can You Afford a Private Attorney?
If you cannot afford one, apply for a public defender. Maryland law protects your right to legal help.
2. How Serious Is the Case?
If your case is complex or involves serious charges, you may want a lawyer with special experience.
3. Do You Want to Choose Your Lawyer?
Public defenders are assigned. You choose private attorneys.
4. How Much Time Will Your Lawyer Have?
Ask about how often you can meet and how quickly they respond to questions.
Your Legal Rights in Maryland
In Maryland, your right to a lawyer is protected by both federal and state law. The Maryland Public Defender Act makes sure that people who cannot afford a lawyer still get fair representation.
If you feel your rights are not being respected, you can:
- Speak to the judge
- Ask for a different lawyer (in some cases)
- File a complaint with the Attorney Grievance Commission of Maryland
Contact a Baltimore Criminal Defense Lawyer
If you or a loved one has been charged with a crime in Baltimore or anywhere in Maryland, don’t delay in seeking experienced legal representation.
Contact The Bishop Law Group to schedule a free consultation. We proudly serve clients throughout Maryland, including Baltimore, Towson, and Ocean City.
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