If you already have a public defender in Wyoming, you may be wondering whether hiring a private attorney makes more sense for your situation. You might have unanswered questions about your case, want more time to discuss your options, or need a second opinion.
The good news is that you can hire a private lawyer even if you already have a public defender.
Here are the differences between a public defender vs. private attorney in Wyoming. This can help you decide which option fits your needs, your circumstances, and your budget.
How Do You Switch from a Public Defender to a Private Lawyer?
Changing attorneys might sound complicated when you are dealing with criminal charges. Fortunately, your new lawyer can help coordinate the transition. Here is how the process works:
Talk to a Criminal Defense Attorney
You want to start with a consultation. This is the time to explain your charges, your concerns, and your next court date. Ask about the criminal defense lawyer’s experience, communication practices, fees, and payment options before deciding whether to hire them.
Make the Change Official
Your new lawyer will file an entry of appearance with the court. This formally identifies them as your lawyer. Your public defender can then seek to withdraw from the case.
Transfer Your Case Materials
Your new lawyer will need to review the evidence, case file, court history, and any plea discussions. They will also need to identify upcoming hearings and deadlines.
Switching earlier gives your new attorney more time to get familiar with your case.
Public Defender vs. Private Attorney: What’s the Difference?
Having a public defender doesn’t mean you have a bad lawyer. Public defenders have extensive courtroom experience and know local courts and prosecutors.
However, heavy caseloads can make it difficult to schedule calls or spend as much time discussing questions with you.
When you hire a private attorney, you may have more opportunities to talk through your concerns, ask questions, and feel involved in decisions about your case. You can ask how they plan to approach your defense, how often they’ll keep you updated, and what happens if you have a question or concern along the way.
When you’re facing criminal charges, knowing you have someone you can turn to for answers and guidance can make a stressful situation feel a little more manageable.
Can You Afford a Private Criminal Defense Attorney?
For many people, cost is the biggest obstacle. You might prefer private representation but worry about adding legal fees to your existing bills. Before ruling it out, ask about payment plans, what’s included in the fee, and whether additional expenses could pop up.
Keep in mind that the cheapest option isn’t always the best fit for your needs. Sometimes, hiring the cheapest criminal defense attorney can cost you.
If private counsel isn’t affordable, you may have to use a public defender. Wyoming courts determine eligibility based on financial circumstances. You will need to provide financial information, and the court may consider whether you can contribute toward representation costs.
When Should You Consider Switching Lawyers?
If you’re thinking about hiring a private attorney, you do not want to wait until the last minute. Whatever the situation, a new attorney needs time to get up to speed, review the details of your case, and prepare to represent you. Depending on your next court date, the judge may not agree to delay the proceedings just because you’ve changed lawyers.
If you’re considering making a switch, start by talking with the private attorney you’re interested in hiring. Let them know when your next court date is and whether you have any pending deadlines or plea offers.
They can help you understand what switching would involve and whether there’s enough time to prepare.
Frequently Asked Questions
Can I hire a private attorney if I already have a public defender?
You can hire private counsel while your case is ongoing. Your new attorney can coordinate the entry of appearance and the process for your public defender to withdraw.
Will switching lawyers delay my criminal case?
This can happen if you’re close to trial or an important hearing. Your new attorney needs time to review the evidence and prepare. It is up to the court to decide whether to allow scheduling changes.
Do I have to pay back the state for my public defender?
Wyoming law does give courts the option to order reimbursement for some or all of appointed counsel’s costs. Whether you must pay depends on your situation and the court’s decision.
Talk to Just Criminal Law About Your Options
Choosing whether to have a public defender vs. private attorney in Wyoming is a personal decision, especially when your future feels uncertain. You deserve to understand your options and feel comfortable asking questions about your defense.
At Just Criminal Law, we know that switching attorneys can bring up concerns about cost, timing, and whether a change will make a difference. We’re here to explain what private representation could involve and help you understand your options.
Have a public defender and wonder whether it’s time to switch? Contact Just Criminal Law for a confidential consultation. Let’s talk about your case, your upcoming court dates, and the questions you need answered.
