If you are charged with a crime that can put you in jail, you have a right to a lawyer. If you cannot afford one, the court will appoint one. If you can afford one, you can hire your own. Both are licensed Texas attorneys. The real differences come down to time, choice, timing and cost. This guide explains how each option works in San Antonio and Bexar County so you can make the decision that fits your case and your budget.
How court-appointed counsel works in Bexar County
The Sixth Amendment and Texas law guarantee a lawyer to people who cannot afford one when they face possible jail time. In practice:
- You ask for one early. After an arrest, you go before a magistrate, which Texas law requires within 48 hours. The magistrate tells you about your right to request appointed counsel. Ask for it then if you need it.
- You have to qualify. You will fill out a financial statement, and the court decides whether you are eligible based on your income and circumstances.
- The court chooses the lawyer. Depending on the case, that may be a lawyer from the county's public defender's office or a private attorney the court appoints and the county pays. People often call both "public defenders."
- You generally cannot pick or switch. Changing appointed lawyers usually requires the judge's approval and a good reason.
- It is not always free in the end. If your finances allow, a judge can order you to repay some or all of the cost of your appointed lawyer.
What public defenders and appointed lawyers do well
Appointed lawyers are not lesser lawyers. Many are experienced, committed criminal defense attorneys who handle a high volume of cases and know the local courts very well.
- They know the courthouse. They work with the same judges and prosecutors every day and understand how cases move.
- They handle the full range of cases, from misdemeanors to serious felonies.
- They cost you little or nothing up front, which matters when the alternative is going without a lawyer.
If you qualify and cannot afford private counsel, request an appointed lawyer without hesitation. Having one is far better than going without.
The real limits: time and resources
The challenge in public defense is not talent. It is workload. Appointed lawyers often carry heavy caseloads, and public defense systems across the country have long struggled with funding. That can mean:
- Less time for each client, including shorter meetings and fewer updates
- Less time for investigation, witness interviews and motions
- Limited budgets for investigators and expert witnesses
- A later start, because a lawyer is not appointed until after you are arrested or charged and the appointment is processed
None of this means an appointed lawyer will do a poor job. It means you should understand the conditions they work under and do your part to help your case (more on that below).
What hiring a private lawyer changes
- You choose your lawyer. You can compare experience, communication style and fees before you decide.
- The lawyer can start right away, even before charges are filed if you know you are under investigation. Early action matters for bond and for preserving video and other evidence before it is lost.
- Caseloads are usually smaller, which can mean more time on your case and more direct contact with your lawyer.
- Investigators and experts can be brought in when the case calls for them, subject to cost.
- It costs money. Fees vary with the charge and complexity. Ask for a written fee agreement and whether payment plans are available.
A private lawyer is not a guarantee of a better outcome, and no lawyer can promise one. What you are paying for is time, attention and the ability to choose who represents you.
Side by side
Appointed lawyer or public defender
- Licensed attorney, often with heavy courtroom experience
- Little or no cost up front if you qualify; possible repayment later
- Assigned by the court; switching requires the judge's approval
- Starts after appointment
- Often carries a heavy caseload with limited investigation resources
Private criminal defense lawyer
- Licensed attorney you select
- You pay a flat fee or hourly rate
- You can change lawyers if the relationship is not working
- Can start immediately, including before charges are filed
- Typically more time per case and more direct contact
Assault cases: why the choice can carry extra weight
Assault charges in Texas range widely. Simple assault causing bodily injury is usually a Class A misdemeanor. Aggravated assault, which involves serious bodily injury or a deadly weapon, is a felony. When the alleged victim is a family or household member or a dating partner, the case is treated as family violence, and that carries consequences well beyond the sentence:
- A prior family violence case can make a later assault charge against a family member a felony.
- A family violence conviction can bring federal restrictions on owning firearms.
- A magistrate can issue an emergency protective order at the first appearance that can bar you from contacting the alleged victim or going near their home, even if it is also your home.
Assault cases also often turn on evidence that fades or disappears quickly: 911 recordings, body camera footage, photos of injuries, text messages and witness memories. Whoever represents you, the earlier that evidence is gathered, the better. If you have an appointed lawyer, give them everything you have and every witness name as soon as possible. If you hire privately, ask what the lawyer will do in the first week to secure it.
Questions to ask either one
- How many cases like mine have you handled?
- What do you see as the strengths and weaknesses of my case?
- What evidence should I gather or preserve, and how?
- How and when will we communicate about court dates and offers?
- What are my options, and what are the risks of each?
For a fuller list, see the seven questions to ask when choosing a criminal defense lawyer.
Getting the most out of an appointed lawyer
- Keep every piece of paperwork and bring it to every meeting.
- Write down your questions before you meet so you use the time well.
- Give your lawyer witness names, phone numbers and any photos or messages early.
- Keep your contact information current with your lawyer and the court.
- Go to every court date and follow your bond conditions exactly.
- Do not talk about your case with anyone but your lawyer, and stay off social media about it.
Can I switch from an appointed lawyer to a private one?
Yes. You can hire a private lawyer at any point in your case. The new lawyer files a notice with the court, and the appointed lawyer is released. Some people start with appointed counsel and hire privately once they can afford it, or when the case becomes more serious than it first looked.
How to decide
- If you cannot afford a lawyer, ask for appointed counsel right away and stay involved in your case.
- If you can afford private counsel and the charge is serious, involves family violence, or threatens your job, license or immigration status, it is worth talking with a private lawyer before you decide.
- If you are unsure, take advantage of a free consultation. It costs nothing and gives you a clear picture of your options. Our guide on what to expect from a free consultation explains how to prepare, and when to hire a local attorney and what it costs covers pricing.
Talk it through for free
Brian T. Powers is a former felony prosecutor, former magistrate judge and former police officer who now defends people charged with crimes in San Antonio and Bexar County. His practice is solo, so the lawyer you meet is the lawyer who handles your case. Call (210) 222-9446 or contact the office for a free consultation, or review the firm's criminal defense services.
