CAN I GET A PUBLIC DEFENDER INSTEAD OF HIRING A LAWYER?

If you’ve been charged with a crime and can’t afford an attorney, you may be wondering:

“Can I get a public defender instead of hiring a private lawyer in Missouri?”

The answer is yes, but with important conditions.

Missouri law guarantees your right to legal representation, but not everyone qualifies for a public defender. And even if you do, there are key differences between public defenders and private criminal defense lawyers.

At KC Defense Counsel, our experienced Kansas City criminal defense attorneys have worked with clients at all stages, some who started with public defenders but later turned to private representation when the stakes became clear.

Here’s what you need to know before making your decision.

YOUR RIGHT TO A PUBLIC DEFENDER IN MISSOURI

Under the Sixth Amendment and Missouri law, you have the right to legal counsel if you’re facing jail or prison time and cannot afford an attorney. In that case, you may qualify for representation by the Missouri State Public Defender System (MSPD).

But this isn’t automatic. You must apply and be approved based on financial need.

HOW DO YOU QUALIFY FOR A PUBLIC DEFENDER IN MISSOURI?

To determine your eligibility, the court or public defender’s office will review:

• Your income and household size
• Assets like property, bank accounts, or vehicles
• Monthly expenses and debts
• The severity of your charge

If your income is too high or your case is minor (example: a low-level misdemeanor), you may be denied a public defender and expected to hire a private attorney.

LIMITATIONS OF PUBLIC DEFENDERS IN MISSOURI

Missouri’s public defender system is one of the most underfunded and overloaded in the country. While many public defenders are skilled and hardworking, they face serious limitations:

• High caseloads mean limited time per client
• Less time to investigate or prepare your case
• Limited communication, you may struggle to get updates
• Less flexibility to negotiate favorable plea deals
• Less ability to challenge evidence or file custom motions

In some situations, a public defender may only meet you minutes before your court appearance.

WHY YOU SHOULD CONSIDER HIRING A PRIVATE CRIMINAL DEFENSE ATTORNEY

Hiring a private criminal defense lawyer gives you:

• More one-on-one time
• Custom legal strategy
• Immediate focus on your case
• Aggressive representation in and out of court
• Access to private investigators and expert witnesses

At KC Defense Counsel, we handle fewer cases at a time so we can fully focus on you.

This is especially important for:

• Felony charges
• DWI/DUI cases
• Drug crimes
• Assault or domestic violence
• Cases with potential jail time or career consequences

When your freedom and future are on the line, you want someone who can invest every resource into your defense.

AFFORDABLE REPRESENTATION IS AVAILABLE AT KC DEFENSE COUNSEL

We understand that cost is a concern. That’s why KC Defense Counsel offers:

• Free initial consultations
• Flat-fee pricing when possible
• Payment plans for qualifying clients

You don’t have to face this alone—and you don’t have to break the bank to get high-quality representation.

CHARGED WITH A CRIME IN MISSOURI? WE CAN HELP

If you’re deciding between a public defender and a private attorney, contact KC Defense Counsel today for a free consultation. Our affordable Kansas City defense lawyers near me will review your case, explain your options, and help you make the best decision for your future.