Even though most people know that a defendant in a criminal case has the right to an attorney, there might be some misconceptions as to whether everyone has the right to free legal help.
Especially with limited funding for legal resources, it is important to know whether you can obtain no-cost or low-cost legal representation for your defense from a criminal charge.
The Right to an Attorney
The Sixth Amendment of the Constitution guarantees the “assistance of counsel” for every individual accused of a crime, not someone who is involved in other types of cases such as personal injury or family law.
The Constitution does not say anything about whether the government has to pay for that criminal defense attorney. Actually, historically, the law was understood to indicate simply that if you wanted an attorney and could shell out the dough for one, you had every right to do so.
But as far as a free lawyer, this was a concept developed over time by the court system itself.
Luckily for defendants in need, however, the rule has generally become that anyone who is low-income and too poor to hire a lawyer has to have one provided to them.
Essentially, someone can’t go to jail for either a felony or a misdemeanor without having the assistance of counsel (unless they gave up that right). Pretty simple right? Well, not so fast.
As you’re probably already wondering, what’s “too poor” and who gets to decide if you can have free legal services or if you have to help pay for your legal representation?
Qualifying for a Public Defender
As you may have assumed, just saying “I can’t afford an attorney” might very well not do the trick in getting a free attorney.
The procedures and specific rules on who gets free representation vary by state and may also vary at the local level. A person usually first gets to ask for a free attorney at their arraignment (or a bail hearing).
Once they ask for an attorney and indicate they cannot afford one, a court will often undertake some sort of inquiry into the matter and may delay further proceedings until a determination is made.
Key factors affecting a decision may include an individual’s income (if any), as well as the severity and complexity of the crime they are charged with.
If a person qualifies financially, a public defender will be appointed to represent them.
This could be someone from the local public defender’s office, a private attorney from the bar association, or a lawyer from the local legal aid office who has taken on the case on behalf of that office.
What if you do not qualify for a Public Defender?
If you do not financially qualify as low-income, you may be able to find a licensed attorney to represent you through a lawyer referral service or legal assistance program with a lower fee.
There are also legal clinics located at many law schools where law students and volunteer lawyers can help answer your legal questions.
You should definitely try one of these resources before you attempt self-help and try and represent yourself.
There is a lot to know about how the court system works in a criminal case and you need legal advice from an experienced provider to really understand your criminal legal matter.
If you are facing criminal legal issues, make sure you ask for an experienced attorney to represent you.
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