Public Defender vs. Private Attorney in Massachusetts

Choosing Between Public and Private Defense: What to Know 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 can impact your freedom, your job, your relationships, and your future.

There’s no one-size-fits-all approach to criminal defense. But understanding the difference between public defenders and private attorneys 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 ensuring every person charged with a crime receives legal representation, regardless of income level.

Public defenders are fully licensed attorneys. They’ve passed the bar, received training, and many have years of courtroom experience. They play a vital role in maintaining fairness and due process in the criminal justice system.

What Does a Private Attorney Do in Criminal Cases?

A private criminal defense lawyer—like Courtney K. Fogarty of Fogarty Law—represents individuals who choose to retain their own legal counsel. Unlike public defenders, private attorneys are hired directly by the client and often work with different caseload capacities.

This can mean:

• More availability for case-specific investigation
• Ability to dedicate time for strategy and pre-trial motions
• Direct client communication throughout the process
• Flexibility in scheduling and accessibility

And perhaps most significantly: you get to choose your attorney. That can provide peace of mind when navigating a complex legal situation.

Understanding the Differences

While both types of attorneys are qualified to represent you in court, the client experience may differ due to structural differences in how they operate. Here’s a simplified comparison:

Aspect	Public Defender	Private Attorney
Caseload	Often high	Typically lower
Time per case	Limited	More personalized
Choice	Assigned	You choose
Accessibility	Business hours	Often extended
Resources	Within state funding	May use private investigators or experts

This comparison isn’t about better or worse—it’s about understanding how each option functions so you can make the choice that’s right for your needs.

Who Qualifies for a Public Defender in Massachusetts?

To receive a public defender in Massachusetts, a court must find you indigent—meaning you cannot afford to hire private counsel. This is determined by examining:

• Your income and assets
• Debts and financial obligations
• Employment status

You may be asked to fill out a financial affidavit and possibly appear for an indigency hearing. If you qualify, you’ll be appointed a public defender or a bar advocate contracted through CPCS.

Can Private Attorneys Offer a Different Approach?

Private attorneys may be able to dedicate more time and attention to a single case due to their typically lower caseloads. This can allow for:

• Deeper case analysis
• Filing of complex motions
• More direct communication
• Tailored legal strategies

However, it’s important to remember that every case is different and outcomes are never guaranteed. Many public defenders and bar advocates achieve excellent results for their clients every day.

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

Private attorneys often have more flexibility to communicate with clients on their schedules. This can be helpful for those who want regular updates and more control over the process.

At Fogarty Law, Courtney K. Fogarty makes it a priority to ensure clients feel informed and supported at every stage. Her background as both a prosecutor and defense attorney provides her with insight into both sides of a case.

Can I Switch From a Public Defender to a Private Attorney?

Yes. Many individuals begin with court-appointed counsel and later decide to retain private representation. If that’s your decision, you’ll need to notify the court. Your new attorney can help you navigate the transition.

How to Choose the Right Criminal Defense Lawyer in Massachusetts

When deciding who to work with, consider:

• Experience with your type of charges
• Familiarity with local courts and judges
• Communication style and responsiveness
• Client reviews and case results

Courtney K. Fogarty has over a decade of experience handling criminal defense cases throughout Bristol County and beyond. She offers free consultations and works directly with clients every step of the way.

Final Thoughts

Whether you go with a public defender or hire a private attorney, the most important thing is having representation you trust. Massachusetts offers legal pathways for all defendants to receive counsel—and understanding your options is the first step in protecting your rights.

If you’re looking for personalized legal support with the time and attention your case deserves, contact Fogarty Law at (508) 317-0339 today.