If you are charged with a crime that could lead to jail and cannot afford a lawyer, the Constitution requires the court to provide one. Public defenders are experienced criminal lawyers.
When you qualify
You generally must show financial need by completing an application. Courts consider income, assets and expenses. Rules vary, and some places charge a small fee or ask for partial reimbursement.
How to request one
- Tell the judge at your first appearance that you cannot afford a lawyer.
- Complete the financial affidavit.
- Meet your attorney as soon as possible and share all the facts.
- Provide documents and names of witnesses.
What to expect
- Public defenders often have heavy caseloads, so be organized and responsive.
- They owe you the same duties of confidentiality and loyalty as a private lawyer.
- You decide major issues such as whether to plead guilty and whether to testify.
If you are unhappy
Raise concerns with your lawyer or the office supervisor. Judges rarely replace appointed counsel without good reason. In civil cases there is generally no right to a free lawyer, but legal aid may help. See our guide to free legal help.
Frequently asked questions
Can I choose my public defender?
Usually not.
Are traffic tickets covered?
Usually not unless jail is possible.