Legal Video Library

Public Defender Defined Under Georgia Law

• A public defender is a court-appointed attorney provided to defendants who cannot afford a private lawyer.

• Public defenders are assigned through the Georgia Public Defender Council (GPDC).

• To qualify, a defendant must be found indigent, meaning they meet financial eligibility guidelines.

• Public defenders represent clients in criminal cases, including misdemeanors and felonies, and they are required to provide competent legal representation.

Private Attorney Defined

• A private attorney is hired directly by the defendant (or the defendant’s family) to represent them in a criminal case.

• Private attorneys may offer:

  • more direct access and communication,

  • customized strategy,

  • and flexibility in time and resources.

• Many private defense firms provide payment plans to help make representation more affordable.

• Private counsel can be retained at any stage, including after arraignment or even after a public defender has been appointed.

Key Distinction Between the Two

• Cost: Public defenders are provided at low or no cost; private attorneys require payment.

• Eligibility: Public defenders require court approval based on financial need; private attorneys do not.

• Caseload: Public defenders often handle high-volume caseloads, which can affect time available per client.

• Availability: Private attorneys often offer faster response times and more frequent client contact.

• Resources: Private attorneys may have more flexibility to hire investigators, expert witnesses, and support staff depending on the case.

How the Court Decides Public Defender Eligibility

• The defendant submits a financial affidavit showing income, assets, expenses, and dependents.

• The court determines whether the defendant meets the indigence standard under Georgia law.

• If approved, a public defender is appointed; if denied, the defendant must retain private counsel or represent themselves.

• A defendant may request a reconsideration if their financial situation changes.

Common Concerns Clients Should Know

• Public defenders are real attorneys and many are highly experienced in criminal court.

• The difference is often time and access, not legal knowledge.

• Some cases require aggressive investigation, motions practice, and expert review, which may be easier to pursue with private counsel.

• Defendants are entitled to effective assistance of counsel whether their lawyer is appointed or private.

Why This Matters

• Choosing the right representation can directly affect outcomes such as:

  • dismissal,

  • reduced charges,

  • plea negotiations,

  • or trial strategy.

• A criminal case moves quickly, early legal guidance can protect your rights from day one.

• Defendants should understand their options before speaking with police, accepting a plea, or attending court hearings.