Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 27, 2026 · Last reviewed June 26, 2026
Charged with a crime that can put you in jail and can't afford a lawyer? The Sixth Amendment guarantees you free counsel — usually a public defender. How you qualify and what to expect vary by jurisdiction, but the basics are the same nationwide. This is legal information, not advice.
Each state sets income limits, often tied to the federal poverty level (commonly 125% of FPL for individuals). The court weighs income, dependents, and assets — not just your paycheck.
Ask for appointed counsel at your first court appearance (usually the arraignment). You fill out a financial affidavit. If approved, the public defender's office is assigned that day or within a few days.
Felonies always get appointed counsel if you qualify. For misdemeanors, the right usually applies only when jail time is on the table. Fine-only cases often don't qualify.
Public defenders are licensed lawyers with the same training as private attorneys. The main difference is caseload: they juggle far more cases than most private firms, so there's less individual time per case.
If the office has a conflict (say, it already represents a co-defendant), the court appoints separate conflict counsel. You can also hire private counsel mid-case if your circumstances change.
More on this topic: the Crime & Police hub
NotALawyer.com provides general legal information, not legal advice.