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Should I just use the public defender?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
For many people that's the right answer — but it depends on eligibility, on the charge, and on what's at stake beyond the sentence.

Public defenders are frequently excellent lawyers with deep trial experience and detailed knowledge of local courts and prosecutors. The stereotype is unfair.

The real constraint is volume. Caseloads are heavy, which limits the time available per case regardless of ability. That affects investigation depth, deposition practice, and how much attention any single file receives.

Eligibility is required. You must qualify as indigent based on income and assets, determined through an application process with a fee.

Where the distinction matters most. Cases where collateral consequences dominate — immigration status, a professional license, sealing eligibility, firearm rights, employment. Those outcomes turn on details of how a case resolves, and they benefit from time spent on the resolution rather than just the sentence.

Where it matters less. Straightforward matters likely to resolve similarly either way.

An honest framing. A public defender is far better than no lawyer, and better than a retained attorney who won't do the work.

If a license, your status, or your record matters more than the sentence, that changes the calculation. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.