Are lawyers available for defendants who can't afford to pay for one?
The U.S. Constitution provides that you are entitled representation by an attorney if the state is trying to deprive you of your liberty. This means that a court may be required to appoint a lawyer to represent you for free -- or for a fee you can afford -- if the crime you are charged with carries a jail sentence.
Because most criminal defendants are unable to afford their own attorneys, many states have public defender's offices. Public defenders (P.D.s) are fully licensed lawyers whose sole job is to represent poor defendants in criminal cases. Because they appear daily in the same courts, P.D.s gain a lot of experience in a short period of time. And because they work daily with the same cast of characters, they learn the personalities (and prejudices) of the judges, prosecutors, and local law enforcement officers -- important information to know when assessing a case and conducting a trial.
In areas that don't have a public defender's office, the local government will often contract with private law firms to take cases for indigent defendants. Or, the courts will maintain a list of attorneys and appoint them on a rotating basis to represent people who can't afford to hire their own lawyers.
How can I get a court to appoint a lawyer for me?
Normally, if you want a court to appoint a lawyer for you at government expense, you must:
ask the court to appoint a lawyer, andprovide details about your financial situation.
Typically, your first opportunity to ask the court to appoint a lawyer for you will be at your first court appearance, normally called your arraignment or bail hearing. The judge will probably ask you whether you are represented by a lawyer. If you're not, the judge will then ask whether you want to apply for court-appointed counsel. If you say yes, some courts will appoint a lawyer right on the spot and finish your arraignment. Other courts will delay your case and appoint a lawyer only after reviewing and approving your economic circumstances.
Each state (or even county) makes its own rules as to who qualifies for a free lawyer. However, as a general rule, if you are judged to be indigent, and there is actual risk of a jail or prison sentence, the court must appoint free legal counsel.
If you don't qualify for free help but can't afford the full cost of a private lawyer, you may still obtain the services of a court-appointed attorney. Most states provide for "partial indigency," which means that, at the conclusion of the case, the judge will require you to reimburse the state or county for a portion of the costs of representation.
How can I find a private defense lawyer?
Recently arrested people should usually talk to a lawyer as soon as possible. Often, the most urgent priority is getting a lawyer to arrange a defendant's release and provide some information about what's to come in the days ahead.
If you have been represented by a criminal defense lawyer in the past, that is usually the lawyer to call -- assuming you were satisfied with his or her services. If you have no previous experience with criminal defense lawyers, you can look to the following sources for a referral:
Lawyers you know. Most lawyers do civil (noncriminal) work, such as divorces, drafting wills, filing bankruptcies, or representing people hurt in accidents. If you know any attorneys that you trust, ask them to recommend a criminal defense lawyer. (Some lawyers who do civil work can also represent clients in criminal matters, at least for the limited purpose of arranging for release from jail following an arrest.)Family members or friends. Someone close to you may know of a criminal defense lawyer or may have time to look for one.Nolo's Lawyer Directory. Nolo offers a unique Lawyer Directory that provides a comprehensive profile for each attorney with information that will help you select the right attorney. The profiles tell you about the lawyer's experience, education, and fees. Nolo has confirmed that every listed attorney has a valid license and is in good standing with his or her bar association. Every attorney has taken a pledge to communicate regularly with you, provide an estimate of the time and cost involved, and provide you with a clear, fair, written agreement that spells out how they will handle your legal matter and how you will be charged.Referral services. Lawyer referral services are another source of information, but there is a wide variation in the quality of these types of services. Some lawyer referral services carefully screen attorneys and list only those attorneys with particular qualifications and a certain amount of past experience, while other services will list any attorney in good standing with the state bar who maintains liability insurance. Before you choose a lawyer referral service, ask what its qualifications are for including an attorney and how carefully lawyers are screened.Courthouses. You can visit a local courthouse and sit through a few criminal hearings. If a particular lawyer impresses you, ask for her card after the hearing is over, and then call for an appointment.
