Public Defender vs. Private Attorney in Massachusetts

When you’re facing criminal charges in Massachusetts, one of your first questions is probably: “Do I get a public defender, or should I hire a private attorney?”

It’s a fair question—and an important one. Because the answer could impact your freedom, your job, your relationships, and your future.

The truth? There’s no one-size-fits-all approach to criminal defense. But understanding the difference between a public defender vs. private attorney in Massachusetts will help you make the right call for your situation. Let’s break it down.

What Is a Public Defender in Massachusetts?

In Massachusetts, public defenders are government-funded lawyers assigned to defendants who can’t afford to hire private counsel. The state’s public defense system is run by CPCS, the Committee for Public Counsel Services.

They’re responsible for making sure every person charged with a crime gets legal representation, regardless of income level.

Yes, public defenders are real attorneys. They’ve passed the bar, they’ve been trained, and many are deeply committed to their clients. But that doesn’t mean the experience is the same as working with private counsel.

What Does a Private Attorney Do in Criminal Cases?

A private criminal defense lawyer—like Courtney K. Fogarty of Fogarty Law—represents individuals who are facing criminal charges and choose to hire their own legal representation.

Compared to public defenders, private attorneys often take on fewer cases at once, which means they’re able to:

• Spend more time investigating your case
• Strategize around weaknesses in the prosecution’s argument
• File motions to suppress evidence
• Negotiate with prosecutors
• Keep you fully informed along the way

And unlike public defenders, you get to choose who represents you. That alone can bring peace of mind during a chaotic time.

How Do Public Defenders and Private Attorneys Differ?

While both types of attorneys serve the same legal system, the day-to-day experience for clients can be very different. Here’s a breakdown of the key differences:

	Public Defender	Private Attorney
Caseload	Often very high	Carefully limited
Time per case	Often rushed	More in-depth focus
Choice of lawyer	Assigned to you	You choose your counsel
Availability	Business hours only	Often 24/7 access
Responsiveness	Can be slow	Typically faster
Strategy	Generalized defense	Customized approach

Sadly, data shines a light on just how enormous these caseloads are. In 2019, the New York Times found that the average defendant received five minutes of their public defender’s time—if they were lucky.

Many received only one minute.

Again, this isn’t the fault of any one public defender. The vast majority of them care deeply, and they provide a truly invaluable service.

But the system they’re working in is often overloaded and under-resourced. That impacts you—no two ways about it.

Who Qualifies for a Public Defender in Massachusetts?

In Massachusetts, public defenders are assigned through CPCS to defendants who are deemed indigent by the court. That means you must demonstrate that you don’t have the financial ability to hire private counsel on your own.

But unlike other forms of court assistance—like waivers for filing fees—there isn’t a fixed income cutoff (like 125% of the federal poverty line) that guarantees eligibility. Instead, the court looks at:

• Your current income
• Your living expenses and debts
• Whether you own significant assets (like a house or vehicle)
• Your employment status

You’ll most likely be required to fill out a financial affidavit, and in many cases, appear before a judge or magistrate for an indigency hearing. If you qualify, you may be appointed a public defender or an attorney contracted by CPCS.

Even if you do qualify, it’s worth asking: Will this system give my case the attention it really needs?

Can a Private Attorney Get My Charges Dropped or Reduced More Easily?

There’s no guarantee in any criminal case. But private attorneys often have more time, resources, and flexibility to explore every possible path toward dismissal or reduction.

That means:

• Filing motions to suppress illegally obtained evidence
• Identifying constitutional violations or procedural mistakes
• Negotiating with the DA for lesser charges
• Hiring expert witnesses or investigators if needed

And when your attorney knows the local courts—like Courtney does in New Bedford and across Bristol County—it adds another layer of insight. Familiarity with judges, prosecutors, and how each MA courthouse operates? That can go a long way.

The last thing to consider here is historical data. A 2021 study found that defendants who hired a private attorney were almost always more satisfied (and more likely to be found ‘not guilty’) than those who worked with public defenders.

Are Private Lawyers Worth the Cost?

Here’s the thing: cost matters. But so does the cost of a conviction.

A criminal record can follow you for years. It can limit your job prospects, your housing options, and even your ability to travel. It can change the trajectory of your life.

Hiring private counsel is an investment in your future—and your peace of mind. That’s why consultations are free at Fogarty Law. No one should have to choose between quality legal defense and financial survival.

Will I Get More One-on-One Time With a Private Attorney?

If you’ve already spoken with a public defender—or tried to—you may have noticed: it’s hard to get one-on-one time. Not because they don’t care, but because they’re juggling a massive caseload.

With a private attorney, you’re not just another name in a file. You’re a real person with real concerns, and you deserve answers.

Fogarty Law takes that seriously. Courtney is available 24/7, and she makes sure you understand every step of your case, from arraignment to trial. When you have questions, she answers them. When decisions need to be made, she talks them through with you.

Can I Switch to a Private Attorney After Getting a Public Defender?

Yes, and in fact, you can switch to private counsel at almost any point in your case. Many people start out with a public defender and later decide they want more personalized representation.

The earlier you make the switch, the more time your private attorney has to dig into the details and build a stronger defense. But even if your case is already underway, it’s not too late to change.

All you need to do is notify the court that you’re hiring private counsel. Your new attorney can walk you through that process step by step.

How to Choose the Right Private Criminal Lawyer in Massachusetts

Not all private attorneys are the same. Here’s what to look for:

• Experience with your type of charge
• Knowledge of the local court system
• Clear, responsive communication
• A track record of favorable outcomes
• Positive reviews from former clients and peers

Courtney K. Fogarty checks every one of those boxes. With over 10 years of experience—and a background as a Massachusetts prosecutor—she’s fought for hundreds of clients facing everything from misdemeanors to serious felonies.

Her approach is strategic, assertive, and client-centered.

So…Should You Hire a Private Attorney or Go With a Public Defender?

Only you can make that call. But know that when someone has the means—or even just the opportunity—to hire private counsel, they tend to get:

• More attention
• More control
• More information
• And often, better outcomes

If your future feels uncertain right now, that’s okay. You don’t have to figure it all out today. But you do deserve a lawyer who will make your case a priority, not just one more file on an overburdened desk.

At Fogarty Law, working with attorney Courtney K. Fogarty means gaining an advocate who will stand by your side, guide you through the legal system, and fight for your future like it’s her own.

Call (508) 317-0339 now to schedule your free consultation. The sooner we get started, the more time we have to build a strong strategy and fight for your freedom.