Public Defender or Private Attorney: How It Works in Arizona

Many people assume that everyone charged with a crime gets a free lawyer. In Arizona that is only partly true. Whether the court appoints a lawyer depends mainly on the type of charge and on whether you can afford to hire one. This page explains how the Arizona Judicial Branch describes the rule, what a public defender does and how to think about the choice when you have one.

When does the court appoint a lawyer?

At the initial appearance, the judge informs you of the charges, your right to remain silent and your right to have an attorney. According to the Arizona Judicial Branch, the judge appoints an attorney if the defendant cannot afford one in a felony case, but not for most misdemeanors unless a bond is set and the person cannot post it.

In practice that means two different paths. In a felony case, a person who cannot afford a lawyer can expect one to be appointed, usually from the county’s public defense system. In many misdemeanor cases, including many first-time DUIs, a lawyer is not appointed, and the choice is between hiring a private lawyer and handling the case yourself.

What does a public defender do?

A public defender is a licensed lawyer paid by the government to represent people who qualify. Public defenders handle criminal cases every day, often in the same courts and with the same prosecutors, and many are highly experienced. The main differences from a private lawyer are practical: you do not choose the individual lawyer, caseloads can be heavy, and you may have less time with them between hearings.

If you have a choice

	Appointed lawyer	Private lawyer
Cost to you	Usually low or none; ask the court about any assessment	Set by agreement; must be explained in writing
Who chooses the lawyer	The court or public defense office	You
Experience	Daily criminal practice	Varies; check with the State Bar
Time available	Often limited by caseload	Depends on the lawyer and fee
MVD license hearing after DUI	Ask whether it is included	Ask whether it is included

If you qualify for an appointed lawyer and are unsure, it is reasonable to start with the appointed lawyer, ask questions and decide later whether to hire someone else. If you do hire a private lawyer, tell the court and the appointed lawyer so the change is recorded.

If no lawyer is appointed

If your charge is a misdemeanor and no lawyer is appointed, the decision is yours. A class 1 misdemeanor in Arizona carries a maximum jail term of six months, and a standard DUI is a class 1 misdemeanor with mandatory minimum jail time. Those stakes are why many people hire a lawyer even for a first misdemeanor. The steps are in How to Choose a Criminal Defense Attorney in Phoenix.

Can I represent myself?

You have the right to represent yourself, but criminal procedure, evidence rules and plea negotiations are complex, and the consequences of a conviction can last for years. At a minimum, consider a consultation with a lawyer to understand the charge and your options before deciding.

If the charge changes

Charges are not always fixed at the first hearing. A case that starts as a misdemeanor can be refiled as a felony, and felony charges can be reduced. Because the right to an appointed lawyer depends on the kind of charge, a change can also change whether one is appointed. If your charges change, ask the court and your lawyer what it means for your representation.

Changing lawyers later

You can hire a private lawyer at any point, even after a public defender has been appointed, and the court will note the substitution. If you are paying a private lawyer and want to change, Arizona’s fee rules mean you may be entitled to a refund of unearned fees, as explained in How Criminal Defense Attorneys Charge in Arizona.

What to tell the judge

• That you want a lawyer, if you do.
• That you cannot afford one, if that is true; the court will ask about your finances.
• That you intend to hire a private lawyer, if you have already started looking.
• Any date conflicts, so the next hearing is set when your lawyer can attend.

Paying for a private lawyer

If you hire privately, Arizona’s ethics rules require the scope of the work and the basis of the fee to be communicated in writing, forbid contingent fees in criminal defense and require a written refund notice for any fee called nonrefundable. The details and the questions to ask are in How Criminal Defense Attorneys Charge in Arizona.