How to Get a Public Defender
If you are charged with a crime and cannot afford a lawyer, you can ask the court to appoint one, usually a public defender. In most courts you ask at your first court appearance (arraignment) or apply through the clerk or the public defender's office, and you must show you meet financial eligibility rules that differ by state. Some states charge a small application or client fee, but a person found eligible cannot be denied a lawyer for being unable to pay it in states such as Florida.
What the law says
- In Gideon v. Wainwright (1963), the Supreme Court held that the Sixth Amendment right to counsel is a fundamental right essential to a fair trial and applies to the states through the Fourteenth Amendment. U.S. Courts, Facts and Case Summary: Gideon v. Wainwright
- In federal court, defendants who are unable to afford counsel are advised of their right to a court-appointed attorney. U.S. Courts, Criminal Cases
- Under the federal Criminal Justice Act, an unrepresented person must be told of the right to counsel and that counsel will be appointed if the person cannot afford it; unless the person waives counsel, the court appoints a lawyer after an appropriate inquiry shows financial need, and the lawyer represents the person at every stage from initial appearance through appeal. 18 U.S.C. § 3006A (Criminal Justice Act) (govinfo.gov)
- Federal appointed counsel must be provided to financially eligible people charged with a felony or Class A misdemeanor, among others, and may be provided at the court's discretion for Class B or C misdemeanors and certain infractions. 18 U.S.C. § 3006A (Criminal Justice Act) (govinfo.gov)
- There are 83 federal defender organizations serving 92 of the 94 federal judicial districts; private "panel" attorneys appointed by the court handle cases defenders cannot, such as conflicts of interest. U.S. Courts, Defender Services
- Example (California): anyone charged with a misdemeanor or felony has a right to a court-appointed lawyer if they can't afford one; the court self-help guide says to tell the judge at your arraignment, and the court will appoint a lawyer, usually a public defender. California Courts Self-Help Guide, Criminal Court
- Example (Florida): a person seeking a public defender applies to the clerk of court on a form listing income, assets, liabilities, and any bail paid, and pays a $50 application fee within 7 days; a person found indigent may not be refused counsel for failing to pay the fee. Florida Statutes § 27.52 (Florida Legislature)
- Example (Florida): an applicant is indigent if income is equal to or below 200 percent of the federal poverty guidelines for the household size, or if the applicant receives TANF cash assistance, poverty-related veterans' benefits, or SSI; if the clerk finds the applicant not indigent, the applicant can ask the court to review the decision. Florida Statutes § 27.52 (Florida Legislature)
- Example (Florida): if the clerk has not decided by the time counsel is requested, the court may appoint counsel on an interim basis; knowingly giving false information to obtain indigent status is a first-degree misdemeanor. Florida Statutes § 27.52 (Florida Legislature)
- Example (Wisconsin): you contact the State Public Defender office serving the county where your case is, and the office considers income, assets (including a spouse's), family size, and the type of case; the application typically takes about 15 minutes. Wisconsin State Public Defender, How to Apply
- Example (Wisconsin): if you qualify, the office assigns a staff attorney or a certified private attorney; if you do not qualify, you can apply for an attorney paid for by the county. Wisconsin State Public Defender, How to Apply
FAQ
When do I ask for a public defender?
As early as possible. California's court self-help guide says to tell the judge at your arraignment if you cannot afford a lawyer.
Who qualifies for a public defender?
It depends on the state's financial rules. In Florida, for example, income at or below 200 percent of the federal poverty guidelines, or receiving TANF cash assistance, certain veterans' benefits, or SSI, qualifies.
Do I get a public defender for a misdemeanor?
In California, anyone charged with a misdemeanor or felony has a right to a court-appointed lawyer if they can't afford one. In federal court, appointment is required for felonies and Class A misdemeanors and discretionary for lesser misdemeanors.
Is there a fee to get a public defender?
In some states. Florida charges a $50 application fee, though someone found indigent cannot be refused counsel for not paying it, and Wisconsin charges client fees based on case type.
What if I'm told I don't qualify?
In Florida, you can ask the court to review the clerk's finding. In Wisconsin, you can apply for a lawyer paid for by the county.
How do I get a lawyer in federal court?
The court advises you of the right to a court-appointed attorney, and under the Criminal Justice Act it appoints a federal defender or panel attorney after an inquiry shows you cannot afford counsel.
Related
- Can Criminal Charges Be Dropped?
- Do I Need a Lawyer for a Misdemeanor?
- Federal Drug Charges: Penalties and Mandatory Minimums
- Federal Gun Charges: Felon in Possession, 924(c), and Penalties
- Federal vs. State Crimes: What's the Difference?
- How Does Juvenile Court Work?
- How Long Does a Felony Stay on Your Record?
- How Much Does a Criminal Defense Lawyer Cost?
- How Do Plea Deals Work?
- How to Appeal a Criminal Conviction
- Illegal Reentry After Deportation: Federal Charges and Penalties
- Should You Talk to Police Without a Lawyer?
- What Happens After an Arrest?
- What Is a Bench Warrant?
- Misdemeanor vs. Felony: What's the Difference?
- What Is an Arraignment?
- What Is Extradition?
- What Is Mail Fraud?
- What Is Wire Fraud?
- What to Do If You Have a Warrant
- Criminal Law by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.