If you're charged with a crime that can put you in jail and you can't afford an attorney, the Sixth Amendment guarantees you free counsel. That's typically a public defender. The qualification process and quality vary by jurisdiction, but the basics are similar nationwide.
Each state sets income guidelines, often tied to the federal poverty level (commonly 125% of FPL for individuals). The court looks at income, dependents, and assets — not just the paycheck.
Ask the judge at your first court appearance (usually arraignment) for appointed counsel. You'll fill out a financial affidavit. If approved, the PD's office is assigned that day or within a few days.
Felonies always get appointed counsel if you qualify. For misdemeanors, the right typically applies if a jail sentence is on the table. Pure-fine cases may not qualify for appointed counsel.
Public defenders are licensed attorneys with the same training as private lawyers. The biggest difference is caseload: PDs juggle many more cases than most private firms, which means less individual time per case.
If the PD's office has a conflict (e.g., they represent a co-defendant), conflict counsel is appointed. You can also hire private counsel mid-case if your situation changes.
Need a criminal defense attorney? Browse partner attorneys for Criminal Defense & Rights
NotALawyer.com provides general legal information, not legal advice.