The government recognizes the need for criminal suspects to get legal representation, which is why there are state-appointed defense attorneys. However, not every criminal suspect will qualify for state-appointed attorneys. In most cases, you will only get this help if:
Your Income Can't Allow You to Afford a Lawyer
This is the fundamental determinant of who should be provided with a public defender. The court will determine that you can't afford a lawyer if:
- You have no income or your income is too low
- Your income vs expenses (necessary expenses) don't leave you with enough money to hire a lawyer
Most courts will need proof of your income and expenses before giving you a public defender. The proof may include things like bank statements and paystubs. Others may take your word for it if your lifestyle clearly shows that you can't afford a lawyer; for example, if you are living in the streets, it's a fair assumption that you can't afford legal counsel.
You Are Facing Imprisonment If You Lose
Since the government has limited resources, it only provides legal counsel to those charged with serious crimes. In this context, the definition of a serious crime applies to any misdemeanor or felony that can result in imprisonment. Therefore, don't expect a court-appointed attorney if you have been charged with a crime that can only result in a monetary fine as the maximum punishment. This also makes sense when you consider that legal defense fees for serious crimes are usually higher than those for relatively minor crimes.
You Are in a Protected Group
Most courts will also provide you with legal defense if you belong to any of the protected groups recognized by the jurisdiction. A protected group is usually any group that isn't expected to have the resources to protect their rights or those who are vulnerable. Examples include minors and mentally ill persons. Since children are generally viewed as vulnerable, cases involving child endangerment or custody may also attract state-funded legal counsel. For example, if you suspect that your spouse is abusing your kids and you need legal help to take them away, you may succeed in getting a court-appointed attorney.
Sometimes you may fail to get a court-appointed lawyer even if you feel you are entitled to one. Luckily, you can get inexpensive legal representation elsewhere if you know what to do. Start by finding the right criminal defense attorney (meaning one with reasonable fees), choose the right fee option (for example, hourly vs flat fees), and then negotiate for the fees you can afford to pay.
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