How to Get a Public Defender Before Your Court Date
Overview of public defenders
Public defenders exist to represent and defend in criminal court those persons who cannot afford a private defense attorney. If you find yourself in need of legal representation after an arrest, a public defender may be able to assist you.
When you may need a public defender
After an arrest
Once arrested, you will either be given a notice to appear in court, or you will be held in a local jail cell until your arraignment. In either case, you must appear at your arraignment court date.
Before a court date
Your arraignment court date is when you can ask the judge for a court-appointed public defender. This is a key opportunity to request free legal representation.
Determine If You Qualify for a Public Defender
The first step is determining your eligibility to have a public defender assigned to your case. There are two main requirements set by public defender’s offices:
Meet the Income Requirements
Most public defender’s offices have strict income limits to meet. Total household income, expenses, assets, and liabilities are used to evaluate if you fall below the threshold for their services in your state.
Assess the Charges Against You
The type of charges filed against you will also determine if you can be appointed a public defender. Less serious misdemeanors sometimes do not qualify. Check with your local public defender’s office to see what charges they cover.
Gather Documentation for Your Finances
Be prepared to provide verification of your income, expenses and assets when applying. This can include recent pay stubs, income tax returns, bank statements and bills used to calculate your monthly costs.
Learn About the Public Defender’s Office
Do some research ahead of time on the public defender’s office in the county where your charges were filed:
Research Where the Office is Located
Knowing the physical office address, phone number, website and hours of operation make the process smoother.
Find Out What Services They Provide
Some public defender’s offices handle specific charge types like juvenile cases or domestic violence. Others focus on appellate work rather than trial cases.
Contact the Public Defender’s Office
Once you have researched the office and gathered documentation, get in touch with them right away about submitting an application:
Call to Ask About Applying
Speaking with a person directly allows you to ask specific questions and may speed up the process.
Visit the Office to Apply in Person
Stopping by the office if possible eliminates delays waiting for correspondence. You can turn in your application faster.
Submit an Online Application
For convenience or distance issues, find out if applications can be completed electronically on their website.
Provide Required Documents
Attach or include any documentation the office needs to verify your financial eligibility when first submitting the application.
Complete the Application Process
After getting your application in the door, be prepared for the remaining steps used to determine if you will receive a public defender:
Interview with an Eligibility Specialist
A specialist will often follow up with you directly by phone or in person to review details on income, assets and household finances that relate to qualifying for services. Tell them the truth.
Have Your Finances Reviewed
Within their guidelines, the public defender’s office will formally assess your finances to confirm you fall below maximum thresholds for a free attorney.
Receive Approval or Denial
Finally, the office will contact you with their decision on appointing a public defender or denying your case. Approvals must happen quickly so the attorney can start work preparing your defense prior to court.
Appeal If You Are Denied
If your application is rejected but you still believe you qualify under financial circumstances, immediately appeal or contest the decision and provide clarification.
Act Quickly to Improve Your Chances
Because the process to get appointed an attorney takes time, avoid delays to get matched with a public defender before your court date:
Apply As Soon As Possible After Charges
Submit your application the day you are formally charged or released from custody. This prevents continuances or showing up to court without representation.
Follow Up Frequently on Your Application Status
Don’t wait for them to contact you – call frequently yourself to check if any other documents or details are needed to help get your case prioritized faster.
Consider Hiring Your Own Lawyer as a Backup
Unfortunately even acting quickly does not guarantee your application will be completed in time. As a backup, look into hiring an affordable private lawyer:
Research Affordable Legal Aid Services
Legal aid societies provide lawyers to people with limited incomes at free or reduced costs based on donations and grants.
Ask About Payment Plans or Reduced Fees
Many private lawyers offer flexible payment plans, lowered hourly fees or flat fees if you explain your financial situation. Shop around for ones willing to work with your budget.
Getting the process started to secure a public defender immediately improves the chance your case gets the attention needed prior to facing a judge. Do your research and be diligently persistent to gain representation without delay.
If You Don’t Qualify for a Public Defender
Other legal aid options
If you aren’t eligible for a public defender, other legal aid support may be available, depending on your location.
Hiring a private criminal defense lawyer
If you need representation but don’t qualify for free counsel, you may need to hire your own private defense attorney. Consult our lawyer directory to find options.
Conclusion
Key steps summarized
In summary, the key steps are:
- Ask for representation at your arraignment
- Interview with the public defender’s office
- Get assigned an attorney if eligible
Additional help
There are options like legal aid services and private lawyers even if you don’t qualify for a free public defender. Reach out for help navigating the criminal justice process.
Frequently Asked Questions
Should I still apply for a public defender if I have already missed my first court date?
Yes, absolutely still submit an application if you missed your initial court appearance and need an attorney assigned to your case. Be prepared to explain why you were not present in court. The public defender will assist going forward but cannot reverse any previous adverse decisions made in absentia.
What if I am rejected for a public defender but later lose my job or income source?
Contact the public defender’s office if your financial situation worsens after previously being declined. With significantly changed circumstances, re-submit an application emphasizing how you no longer can afford private counsel due to substantial hardship. Pending verification they may re-open or reverse the rejection and appoint representation.
Can the judge assign me a public defender on the spot if I show up without one?
It is extremely unlikely. Judges expect you to have counsel already secured when appearing in court on criminal matters. While a judge may grant very brief continuances or re-set a court date if you are earnestly waiting on a pending public defender application, showing up the first time with no attorney and asking for one there will not go over well.
What should I do if I believe I was wrongfully denied a public defender?
If you feel the income guidelines or requirements were applied unfairly or in error when reviewing your public defender application, you should immediately appeal or request reconsideration from the public defender’s office supervisor citing reasons you believe you still qualify and documentation that supports appointment of counsel in your case.
If I’m rejected, how quickly could I secure affordable private counsel before my court date?
Realistically unless your court date is still a few weeks out, it will be difficult to obtain and prepare private counsel in time. Complex cases involving significant evidence and witnesses may require months to prepare fully. However, for straightforward charges like traffic violations or petty theft an experienced attorney may be able to step in quicker. Either way, start calling qualified local lawyers explaining your timeline and financial constraints immediately after being denied a public defender.
Can I get a public defender before my first court appearance?
In most cases, no. You typically must appear at your arraignment first and formally request appointed counsel from the judge at that hearing.
What if I’m denied a public defender?
If you do not meet the financial eligibility rules in your jurisdiction or a conflict arises, you may need to either represent yourself or hire private counsel using your own funds.
When will my public defender contact me?
If approved, expect your assigned public defender to get in touch soon after your arraignment. However, high caseloads may lead to delays. Be proactive about contacting them if you haven’t heard from them.
Can I fire my public defender?
You can request a new public defender, but the decision is ultimately up to the judge. Valid reasons may include an inadequate defense or a complete breakdown in communication.
What other free legal resources exist?
Options besides public defenders include legal aid clinics, law school clinics, and pro bono programs through bar associations. Research what’s available in your area.
