The United States Supreme Court has ruled that defendants facing a potential loss of liberty, either through felony or misdemeanor charges, possess the right to counsel. Defendants capable of paying for an attorney frequently hire private defense counsel.

Right to Counsel

NLADA.com succinctly describes the right of criminal defendants to be represented by an attorney in all cases which could lead to jail or prison sentences. In Argersinger v. Hamlin, the United States Supreme Court ruled that even defendants accused only of misdemeanor charges possessed the right to counsel if they could face incarceration.

Financial Factors

Courts appoint public defenders to represent low-income defendants. Defendants earning higher incomes will hire private defense lawyers.

Complexity of Issues

Criminal prosecutions involve numerous statutes, interpretation of existing law, witness statements and physical evidence and sometimes arcane rules and procedures.

Perceptions

Defendants may view private defense lawyers as more competent, experienced and skilled than public defenders. Private attorneys are capable of devoting more time to clients. As of 2007, the American Council of Chief Defender guidelines found on nlada.org allow public defenders to handle 150 felonies or 400 misdemeanors per year.

Pressure

Private defense lawyers are hired because they have more time to draft discovery requests and "paper" prosecutors to death with various motions, which can lead to quicker resolutions.

Source:

nlada.org: History of Right to Counsel

nlada.org: American Council of Chief Defenders Statement on Caseloads and Workloads