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# Federal Trials by Type of Counsel: How Often Each Ended in Acquittal, FY2016–2025
- URL: https://www.bodiesburied.com/trends/federal-trial-acquittals-by-type-of-counsel/
- Published: 2026-11-03T06:12:43.000Z
- Updated: 2026-11-03T06:12:43.000Z
- Description: Of 16,849 federal defendants who went to trial in fiscal years 2016 to 2025, the share acquitted was 21% with a federal public or community defender, 17% with private (retained) counsel, 11% with a CJA panel attorney, and 19% for self-represented defendants. In every group, bench trials ended in acq
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [Appointed vs. Retained Lawyers in Federal Criminal Cases](https://www.bodiesburied.com/trends/federal-appointed-vs-retained-counsel-outcomes/) › Trials by Counsel

**In brief:** Of 16,849 federal defendants who went to trial in fiscal years 2016 to 2025, the share acquitted was 21% with a federal public or community defender, 17% with private (retained) counsel, 11% with a CJA panel attorney, and 19% for self-represented defendants. In every group, bench trials ended in acquittal more often than jury trials. These rates describe groups of cases, not the skill of the lawyers in them.

Updated November 3, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025

This post uses the Federal Judicial Center's records of 16,849 federal defendants whose cases ended in fiscal years 2016 to 2025\. The series also draws on the U.S. Sentencing Commission's records of 659,036 people sentenced in fiscal years 2016 to 2025\. It is part of the [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) series, which builds on [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/). How the numbers were built: [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/).

## Jury Trials and Bench Trials Gave Different Rates

A bench trial is decided by a judge, and a jury trial by a jury. In each counsel group, the acquittal rate at bench trials was higher than at jury trials.

With private counsel, 37% of 528 bench trials ended in acquittal, compared with 14% of 3,998 jury trials. With a federal public or community defender, the bench rate was 33% of 842 trials and the jury rate was 18% of 3,101.

With a CJA panel attorney, the bench rate was 25% of 742 trials and the jury rate was 9% of 7,432\. Self-represented defendants had 122 bench trials with 33 acquittals (27%) and 77 jury trials with 4 acquittals (5%).

Jury trials were the more common type for each group of lawyers. Self-represented defendants were the exception: they had more bench trials than jury trials.

| Type of counsel                      | Trials | Jury trials           | Bench trials        | Acquitted at trial |
| ------------------------------------ | ------ | --------------------- | ------------------- | ------------------ |
| Federal public or community defender | 3,943  | 3,101 (18% acquitted) | 842 (33% acquitted) | 846 (21%)          |
| CJA panel attorney                   | 8,174  | 7,432 (9% acquitted)  | 742 (25% acquitted) | 876 (11%)          |
| Private (retained) counsel           | 4,526  | 3,998 (14% acquitted) | 528 (37% acquitted) | 774 (17%)          |
| Self-represented                     | 199    | 77 (5% acquitted)     | 122 (27% acquitted) | 37 (19%)           |

## What Was Counted

The Federal Judicial Center records every federal defendant whose case ended, along with the type of counsel at the end of the case. This post uses only the defendants whose cases ended at trial, either in a conviction or an acquittal. Guilty pleas and dismissals are left out.

A federal public or community defender is a full-time defense office that serves a federal district. A CJA panel attorney is a private lawyer appointed and paid under that program. Both are appointed counsel. Private (retained) counsel is a lawyer the defendant hired.

## Totals by Type of Counsel

CJA panel attorneys handled the most trials, 8,174, and 876 of them ended in an acquittal (11%). Private counsel handled 4,526 trials, with 774 acquittals (17%).

Federal public or community defenders handled 3,943 trials, with 846 acquittals (21%). Self-represented defendants had 199 trials, with 37 acquittals (19%).

The overall rate for each group depends partly on its mix of jury and bench trials. A group with more bench trials in its total will tend to show a higher overall rate, since bench trials ended in acquittal more often in every group.

## Why These Rates Cannot Rank Lawyers

The groups were not formed at random. Who qualifies for appointed counsel, who can hire a lawyer, and which charges each group faces all differ. The cases that reach trial in each group may also differ in their charges and in the evidence.

For those reasons, a higher or lower acquittal rate does not show that one type of lawyer is better than another. The numbers describe groups of cases only.

The self-represented group is small, with 199 trials over the full period. Its rates rest on few verdicts, especially the 4 acquittals among 77 jury trials.

## No Matching Court-Martial Figures

Court-martial records in this data do not show the type of defense counsel in a form that can be compared with federal court. Every accused at a general or special court-martial is detailed a military defense counsel at no cost and may also hire a civilian lawyer. For that reason, this post gives no military figures.

## Gaps in the Trial Records

The records give the counsel type at the end of a case, so a change of lawyer before trial is not visible. They do not say who chose a bench trial over a jury trial, or why.

They also do not show the charges at trial, the strength of the evidence, or any sentence that followed a conviction. They also do not show how many defendants in each group were offered a plea agreement before trial.

### How We Counted

Federal defendants whose cases ended at trial in fiscal years 2016 to 2025 (16,849), Federal Judicial Center, by type of counsel at the end of the case.

Federal fiscal years run from October 1 to September 30\. No person, judge, or lawyer is identified in any of these records.

### What to Keep in Mind

**Who is in each set of numbers.** The federal sentencing numbers come from the U.S. Sentencing Commission. They count only people who were convicted and sentenced in federal district court. People whose cases were dismissed or who were acquitted are not in them. The military numbers come from court-martial results, which include acquittals. To compare acquittal or dismissal rates, the federal side uses a different source: the Federal Judicial Center's case data, which counts every defendant whose case ended.

**How "plea" and "trial" are counted.** In the federal sentencing numbers, "trial" means the person was convicted after a trial, including people who pleaded guilty to some counts and went to trial on others. People acquitted at trial are not in these numbers at all (see "Who is in each set of numbers"). In the federal case data, the trial rate counts both convictions and acquittals at trial among all defendants whose cases ended, including dismissed cases. Military numbers count contested cases that reached a verdict. These denominators are not the same, and each post states the one it uses.

**Time periods.** Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.

**Type of counsel describes groups of cases, not lawyers.** The Federal Judicial Center records the type of counsel at the end of the case. Defendants who hire a lawyer differ from defendants who receive an appointed lawyer in their charges, criminal history, and circumstances, and some defendants change lawyers during a case. Differences in outcomes by type of counsel therefore cannot be credited to the type of lawyer.

## Related Analysis

- [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/) (the background article)
- [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) (all federal posts)
- [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/) (sources and method)
- [Appointed vs. Retained Lawyers in Federal Criminal Cases: How Cases Ended, 2016–2025](https://www.bodiesburied.com/trends/federal-appointed-vs-retained-counsel-outcomes/) (overview)
- [Appointed vs. Retained Counsel in Federal Criminal Cases, Year by Year, FY2016–2025](https://www.bodiesburied.com/trends/federal-appointed-vs-retained-counsel-by-year/)
- [Federal Defendants Who Represented Themselves: How Their Cases Ended, FY2016–2025](https://www.bodiesburied.com/trends/federal-self-represented-defendants-outcomes/)
- [Civilian Defense Counsel Versus Military Counsel: Can You Hire Your Own Lawyer](https://www.ucmj-defender.com/civilian-versus-military-counsel/?ref=bodiesburied.com) (law firm reference page)
- [Forum Selection](https://www.ucmj-defender.com/forum-selection/?ref=bodiesburied.com) (law firm reference page)
- [U.S. Sentencing Commission, Individual Offender Datafiles](https://www.ussc.gov/research/datafiles/commission-datafiles?ref=bodiesburied.com) (source)
- [Federal Judicial Center, Integrated Database (criminal defendants)](https://www.fjc.gov/research/idb?ref=bodiesburied.com) (source)

**About the author.** Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts *Where All The Bodies Are Buried* and runs the [Law Office of Jocelyn C. Stewart](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.