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Should You Hire a Former Public Defender in Tampa? (2026)
Updated October 2026
| Hiring a former public defender is a strong choice when the lawyer’s years in that office produced real felony trial experience, working knowledge of the local courthouse, and practice handling serious cases from arrest to verdict. The title by itself does not prove any of that. Before you hire, ask how many jury trials the lawyer has tried to verdict, which units they worked in, what role they held, and how recently they tried a case in the courthouse where your case is pending. |
As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, I have seen what years inside that office build in a trial lawyer. In that role I oversaw a staff of over 100 attorneys, including the felony and major crimes divisions, and I kept trying major felony cases myself. I have now practiced for more than 25 years in Hillsborough County courtrooms and tried more than 150 jury trials to verdict. Our attorneys use that background to prepare every serious case as though it will be tried, starting with the first read of the arrest report.
What does a public defender’s office do in Florida?
A Florida public defender’s office represents people charged with crimes who cannot afford a lawyer. Each judicial circuit elects its own public defender to a four-year term under Article V, Section 18 of the Florida Constitution, and that public defender appoints the assistant public defenders who handle the cases. Under section 27.51, Florida Statutes, the office must represent any person found indigent who is under arrest for, or charged with, a felony, along with many misdemeanor and juvenile cases.
The right behind this system comes from a Florida case. In Gideon v. Wainwright, 372 U.S. 335 (1963), Clarence Earl Gideon was charged in Florida with breaking and entering, asked the trial court for a lawyer, was refused, and had to defend himself. The U.S. Supreme Court held that a state must provide a lawyer to a felony defendant who cannot afford one. A 2013 Florida Bar Journal column describes Gideon as the decision that sparked the creation of Florida’s public defender system.
The workload in Hillsborough County is large. From October 2024 through January 2025, the Hillsborough County Clerk of Court opened 6,032 new felony cases, about 1,500 a month, according to the Clerk’s monthly outputs report for county fiscal year 2024-2025. The Office of the Public Defender for the Thirteenth Judicial Circuit reports a team of about 200 employees, including more than 120 attorneys. Lawyers in that office learn by handling those felony cases in front of judges and juries, and that training is what a former public defender brings to private practice at our firm.
What experience does a former public defender bring to your case?
A former public defender brings felony trial experience, familiarity with serious cases, and practical knowledge of how the local courthouse moves a case from first appearance to verdict. How much of each depends on how long the lawyer stayed and which units they worked in. For the most serious charges, such as murder and manslaughter, that experience is the foundation of the defense described on our Tampa homicide attorney page.
| What the office builds | How it can help your case |
|---|---|
| Felony trial experience | The lawyer has stood in front of juries and can judge when a case should be tried and when an offer deserves a hard look. |
| Major crimes work (homicide, sex crimes, child abuse) | Comfort with medical examiners, forensic analysts, and the expert depositions these cases require. |
| Knowledge of local procedure | A working understanding of how the 13th Circuit’s felony divisions, scheduling, and problem-solving courts operate. |
| Investigation habits | Checking the records, the scene, and the witnesses before advising a client to accept or reject an offer. |
| Supervision and training (office leaders) | Finding the weak point in a case file quickly, because the lawyer has reviewed many other lawyers’ cases. |
Research supports the value of institutional defense experience. In a 2012 study, “How Much Difference Does the Lawyer Make? The Effect of Defense Counsel on Murder Case Outcomes,” 122 Yale L.J. 154, James M. Anderson and Paul Heaton examined Philadelphia murder cases in which one in five indigent defendants was randomly assigned to the public defender. Compared with court-appointed counsel in the same system, the public defenders reduced their clients’ murder conviction rate by 19 percent and reduced expected time served in prison by 24 percent. The authors tied the gap to institutional factors, including the office’s practice of staffing every case with two lawyers and one or more investigators.
Our firm carries that habit into private practice. We investigate before we advise, and we bring in experts when the evidence calls for one.
Is “former public defender” enough to judge a lawyer?
No single title tells you enough. “Former public defender” can describe a lawyer who spent two years in misdemeanor court or one who spent a decade trying homicide cases, so the details matter more than the label. Ask these six questions before you hire any defense lawyer, and expect direct answers.
| Question to ask | Why it matters |
|---|---|
| How many jury trials have you tried to verdict? | Trials to verdict measure courtroom experience. Case counts alone can be mostly pleas. |
| Which divisions or units did you work in? | Felony and major crimes work prepares a lawyer for serious charges. |
| What role did you hold, and for how long? | Trial attorney, supervisor, and office leader carry different levels of responsibility. |
| When did you last try a case in this courthouse? | Local procedure and personnel change, so recent experience counts. |
| Who will handle my case day to day? | You should know which lawyer is doing the work on your file. |
| Have you defended my type of charge before? | Experience with the same kind of evidence shortens the learning curve. |
Here is how I answer those questions. I have tried more than 150 jury trials to verdict. I worked as a Major Crimes Unit trial attorney on homicide, sex crime, child abuse, DUI manslaughter, and death penalty cases, and I meet the Fla. R. Crim. P. 3.112 qualifications to defend capital cases. I also served as a police academy instructor, teaching criminal procedure and courtroom testimony. Our guide on how to choose a criminal defense attorney in Tampa covers the rest of the hiring checklist, and my book, How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter, is available as a free ebook.
How did leading the Hillsborough Public Defender’s Office shape our firm’s approach?
Leading the office taught me how cases actually move through the Thirteenth Judicial Circuit, the court system for Hillsborough County. As Chief Operations Officer, I oversaw the felony and major crimes divisions, mentored senior trial lawyers, and worked on policy and problem-solving court initiatives with judges, prosecutors, and court administrators. I also served on the Problem-Solving Courts Oversight Committee from 2012 to 2023 and chaired the 13th Judicial Circuit Juvenile Justice Board from 2022 to 2024.
That work matters to clients because the circuit’s website lists eight problem-solving treatment courts, including Adult Drug Treatment Court, Adult Mental Health Treatment Court, and Veterans Treatment Court. According to the court, completing the mental health or veterans program leads to dismissal of the charges. Adult Drug Treatment Court is designed for people whose drug or alcohol problems led to a third-degree felony charge. Our attorneys review every new case for these programs at the start, so a client who qualifies does not miss the option.
Small procedural facts also change a client’s experience. In our experience, the Hillsborough County Sheriff’s Office handles bond walkthroughs at the Orient Road Jail on weekdays only, from about 9:00 a.m. to 3:00 p.m., and only on warrants where a judge has already set a bond. A walkthrough booking usually takes about 30 minutes to 2 hours, compared with 8 to 12 hours or more for a regular booking. These are the details our Hillsborough County criminal defense work depends on.
How is a former public defender in private practice different from an appointed public defender?
The main differences are timing, eligibility, and choice. A court appoints the public defender, usually at first appearance or arraignment, and only for a person the clerk finds indigent under section 27.52, Florida Statutes. That statute treats an applicant as indigent when household income is equal to or below 200 percent of the federal poverty guidelines. The applicant owes a $50 application fee, but no one found indigent can be refused counsel for failing to pay it.
A private lawyer can start before charges are filed. That allows representation before charges are filed, where our attorneys contact the prosecutor while the case is still under review. You also choose your lawyer. Under section 27.51(2), the court cannot appoint the public defender to represent a person who is not indigent, or to serve on a case at the same time as private counsel the defendant has retained.
Assistant public defenders carry demanding caseloads and gain trial experience early in their careers. Our post on public defender vs. private attorney in Tampa compares the two paths in detail, so you can decide which one fits your situation.
How do our attorneys put this experience to work on your case?
Our attorneys follow the same sequence on every serious case, starting the day you hire us.
- Confirm the charges, bond status, and every court date and deadline.
- If no charges are filed yet, contact the assigned prosecutor through pre-file advocacy.
- Collect the evidence, including police reports, body camera video, records, and the State’s discovery.
- Retain experts when the science or medicine is contested, such as a forensic pathologist or digital analyst.
- Depose the State’s key witnesses, including law enforcement officers and expert witnesses.
- Screen the case for diversion and problem-solving court eligibility.
- Prepare the case for trial, so any plea decision is made from a position of strength.
When should you hire a defense attorney after an arrest or investigation?
Hire a defense attorney as early as possible, ideally before the State Attorney’s Office files formal charges. Once charges are filed, the chance to influence the charging decision has passed. Evidence such as surveillance video can be overwritten, and witnesses become harder to find as weeks go by. Our step-by-step guide on what to do after being arrested in Tampa lists the first moves to make, and our attorneys can start on your case as soon as you hire us.
Frequently Asked Questions
Are former public defenders good trial lawyers?
Many are, because assistant public defenders often try felony cases to juries early in their careers. At The Brancato Law Firm, we measure trial skill by cases tried to verdict, and our founder has tried more than 150. Ask any lawyer you consider for that number.
What did Rocky Brancato do as Chief Operations Officer of the Hillsborough County Public Defender’s Office?
He oversaw the felony and major crimes divisions of an office with a staff of over 100 attorneys, mentored senior trial lawyers, and kept his own major felony trial caseload. The Brancato Law Firm applies that same case-review discipline to every file our attorneys open. His attorney profile lists his full background.
Does a former public defender have special influence with judges or prosecutors?
No, and no lawyer should promise influence with a judge or prosecutor. Our attorneys at The Brancato Law Firm rely on knowledge of local procedure instead, such as how scheduling, discovery, and plea timing work in the 13th Circuit. A lawyer who claims a personal relationship will fix your case is showing you a red flag.
Can I hire a private attorney if a public defender already represents me?
Yes, you can retain a private attorney at any point in the case. When you hire The Brancato Law Firm, our attorneys file a notice of appearance and coordinate with the public defender so the file and deadlines transfer without a gap. Florida law does not allow the court to appoint the public defender on the same case as retained private counsel. Our homicide defense team in Tampa handles these transitions on serious felony cases.
Who qualifies for a public defender in Hillsborough County?
A person qualifies when the clerk finds them indigent, which generally means household income at or below 200 percent of the federal poverty guidelines. The Brancato Law Firm can walk you through how that test applies if you are unsure which path fits your situation. Our public defender vs. private attorney comparison explains the eligibility rules in more detail.
How can I check a former public defender’s experience before hiring?
Ask the lawyer directly for trials to verdict, the units they worked in, and the roles they held, then confirm their standing with The Florida Bar. The Brancato Law Firm answers those questions in the first consultation. Our founder’s book on choosing a defense lawyer is free to download.
Can a former public defender help me before I am charged?
Yes, once that lawyer is in private practice. A public defender is appointed only after an arrest, while our attorneys at The Brancato Law Firm can contact the prosecutor during the investigation through pre-file advocacy. Early contact can give the prosecutor information to weigh before deciding what, if anything, to file.
Talk to Our Tampa Defense Attorneys Today
Our attorneys will start by reviewing your arrest report, bond status, and every deadline already running, then tell you plainly what the State must prove and where its case is weakest. The Brancato Law Firm, P.A. was founded by Tampa Criminal Defense Attorney Rocky Brancato, and our team includes attorney Jean-Luc Adrien, who speaks Haitian Creole and French, along with Spanish-speaking staff. The best time to act is before the State Attorney’s Office files formal charges, so call (813) 727-7159 today. You can call us at any hour.
For more about our defense strategies, visit our Homicide Defense page.
The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties
The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.
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