How to Get a Public Defender

Question

Accepted Answer

The Sixth Amendment guarantees the right to counsel in criminal cases. If you cannot afford a private attorney, the court will appoint a public defender at no cost.

Eligibility. You must be charged with a crime that carries a potential sentence of incarceration. You must also demonstrate that you are financially unable to hire a private attorney. The court examines your income, assets, debts, and family size.

How to request one:

At your first court appearance (arraignment), tell the judge you cannot afford an attorney and request a public defender.

Complete a financial affidavit or application, disclosing your income, employment, assets, and expenses.

The judge reviews your application and determines eligibility.

If approved, a public defender is assigned to your case.

What public defenders do. They provide the same legal services as private attorneys: investigate your case, negotiate plea deals, represent you at hearings and trial, and advise you on legal strategy.

Common misconceptions:

Public defenders are licensed attorneys, often with extensive trial experience.

They are ethically required to provide zealous representation.

Having a public defender does not mean you will receive inferior representation.

Limitations. Public defender offices are often understaffed and carry heavy caseloads. You typically cannot choose which public defender is assigned to you. If you are dissatisfied, requesting a different public defender is difficult but possible in cases of conflict of interest or breakdown in communication.

Partial payment. Some jurisdictions require defendants to pay a portion of defense costs if they have some financial resources.

This is legal information, not legal advice.