Who Qualifies for a Public Defender?

Public defenders came into practice in the early 1900s at the behest of Clara Shortridge Foltz, according to the Stanford Law School Library. Public defenders help indigent defendants in localities in all 50 states and the District of Columbia.

The Indigent

Anyone charged with a crime and deemed indigent, meaning they cannot afford to pay a private attorney, will be represented by a public defender.

Financial Statement

In order to be eligible for a public defender, a defendant must complete a financial statement, which is then compared with federal poverty guidelines. The guidelines are used by the government to determine eligibility for federal programs. In 2009, a family of four living on annual earnings of $22,050 or less would qualify for federal programs, according to the U.S. Department of Health & Human Services.

Representation For All

Before appearing in court, all defendants have access to public defenders. This is the case even if it is proven later that a person can afford a lawyer.

Registration Fee

Some localities, such as Los Angeles County, require a registration fee for those using public defenders. Those who cannot pay the fee will still be represented by a public defender.

Post-Trial Hearing

In some localities, judges will hold post-trial hearings to determine whether a defendant has the ability to pay legal fees. In some cases, an incarcerated defendant cannot pay such fees until he is released and able to work again.

References

• Los Angeles County Public Defender
• Maryland Office of the Public Defender
• Stanford Law

Resources

• Public Defenders by State
• Poverty Guidelines