If you’ve just been charged with a crime in Rhode Island, you’re likely asking one question: will a public defender be enough, or do I need to hire a private attorney?
The honest answer is that Rhode Island public defenders are very good lawyers. These professionals are licensed, court-appointed attorneys who represent defendants who cannot afford private counsel.
A private criminal defense attorney, by comparison, typically carries a far smaller caseload. Both are real lawyers bound by the same ethical standards. The difference that matters most here is time—specifically, how much of it your attorney can devote to your case.
As a Rhode Island criminal defense attorney with over 30 years of experience who works alongside public defenders in these courts every single day, read on for a full guide on what to know about hiring a public defender vs. private criminal defense lawyer in Rhode Island.
What is a Rhode Island Public Defender and Do You Qualify?
The Rhode Island Office of the Public Defender has provided legal representation to qualifying defendants since 1941. And let me be clear: the attorneys who work there are fully licensed, experienced lawyers who want to protect your freedom.
Eligibility is governed by Rhode Island General Laws § 12-15-9. To qualify, you must swear under oath that, after paying for necessities like food, shelter, and medical care, you don’t have sufficient income or assets to hire private counsel. A judge reviews your financial affidavit and makes the determination.
One of the most important details here is that the judge looks at your disposable income, not your gross income. You aren’t automatically disqualified just because you have a job and pay bills every month.
The Honest Truth About Rhode Island’s Public Defenders
The long and short of it is that Rhode Island public defenders are talented, dedicated lawyers. I know this because I’ve worked alongside them in these courts for over three decades.
The biggest potential downside to working with a public defender has nothing to do with the lawyers themselves. Instead, it comes down to a well-documented organizational issue.
You see, Rhode Island’s public defenders regularly handle caseloads that significantly exceed national standards. In 2024, felony attorneys averaged roughly 200 active cases each—but the American Bar Association standard is 150. Misdemeanor attorneys averaged roughly 700 cases, while the standard is 400.
The Public Defender’s own budget documents described these conditions as caseloads “so large they jeopardize quality representation across the board, no matter how talented and dedicated our attorneys are.” And to be clear, that quote came directly from the public defender’s office, not a critic.
The bottom line is that no attorney, however skilled, can give your case the same time and attention while juggling 200 cases that they could with just 50 cases.
This is a known structural problem that’s been driven by years of chronic underfunding, and it’s not the fault of the attorneys who show up every day and fight for their clients.
But it is the reality when you opt for legal representation by a public defender.
What a Private RI Criminal Defense Attorney Does Differently
The biggest differences between a private attorney and a public defender come down to time, access, and accountability.
A private attorney carries a smaller caseload, meaning more time to review evidence, investigate the facts, anticipate the prosecution’s strategy, and build a real defense for your case before you ever set foot in a courtroom.
It also means you can reach your attorney between court dates, not just when you’re standing in a courthouse hallway waiting for your turn. This includes weekends and holidays and for emergencies.
As a former Rhode Island Special Assistant Attorney General, I know exactly how the State builds its case against you, because I spent years on that side. I know what prosecutors look for, where they have vulnerabilities, and how to use that knowledge in your defense.
And let me be perfectly clear about something. It will be ME—at every hearing, every appearance, every substantive moment of your case.
But before you start comparing options, I encourage you to read my guide on 15 Questions to Ask Before Hiring a Criminal Defense Lawyer in Rhode Island. Asking the right questions can make all the difference.
How to Figure Out Which Option is Right for Your Situation
If you don’t qualify—or you’re in that gray zone where you technically make too much but a retainer feels impossible—don’t assume private representation is out of reach. Most private criminal defense attorneys in Rhode Island, including me, offer free consultations and payment plans.
It’s also important, throughout this time, to never lose sight of what matters most. If you don’t qualify for a public defender, a private attorney can fight to protect your rights and minimize the impact on your life.
What is it worth to have someone fighting for you to keep your driver’s license? To not be sitting in jail until your next court date?
Whether you’re still figuring out your eligibility or you already know private representation is the path you need, call me, S. Joshua Macktaz, Esq., today at (401) 861-1155. I offer free consultations, and I’m available 24 hours a day, 7 days a week. Good people make mistakes too. Don’t leave your freedom to chance.
Frequently Asked Questions
Do I qualify for a public defender in Rhode Island?
You qualify if you can demonstrate under oath, per Rhode Island General Laws § 12-15-9, that after covering necessities like food, shelter, and medical care, you lack sufficient income or assets to retain private counsel. A judge reviews a financial affidavit and decides. Having a job or owning basic assets doesn’t automatically disqualify you. Learn how to apply through the Rhode Island Office of the Public Defender.
Are Rhode Island public defenders good lawyers?
Yes, and I say that as someone who has worked alongside them for over 30 years. Rhode Island public defenders are trained, licensed, and experienced attorneys. But they do carry a heavy caseload. In 2024, RI’s felony public defenders averaged roughly 200 active cases each, compared to the ABA standard of 150. No attorney can provide the same level of attention at those volumes.
What happens if I make too much money to qualify for a public defender?
Consult a private criminal defense attorney before drawing any conclusions, as many, including myself, offer free initial consultations. Not qualifying doesn’t mean private representation is financially out of reach. Before making any decision, understand what you’re facing:
- How serious are the charges and the potential penalties?
- Would a conviction impact your housing, employment, or professional licenses?
- Are there collateral consequences beyond jail time, such as your job, a professional license, or immigration status?
What are the advantages of hiring a private criminal defense attorney?
The primary advantages are dedicated attention, direct access, and the ability to choose who represents you. As your private criminal defense attorney in Rhode Island, I:
- Am accessible between court dates, not just on them
- Will personally appear at every substantive hearing rather than send a substitute
- Bring specialized experience, including a former prosecutor background, that directly informs your defense strategy
How much does a criminal defense lawyer cost in Rhode Island?
Fees vary based on charge severity, case complexity, and attorney experience, and there’s no universal flat rate. Misdemeanor cases typically cost less than felony defense; cases that go to trial require significantly more preparation than resolved matters. That said, most reputable private criminal defense attorneys in Rhode Island, including myself, offer free initial consultations. Leverage these to understand what you’re facing and what your options are before making any financial commitment.
