How to Find a Court-Appointed Attorney
A public defender, colloquially known as a court-appointed attorney or lawyer, is an attorney who is employed by the state government to represent defendants in criminal matters. Court-appointed attorneys exist to provide those accused of a crime an opportunity to have legal representation when they otherwise would not be able to afford it. If you are preparing to stand trial, and you meet or fall below the income guidelines to qualify, you are likely eligible for a court-appointed attorney.
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Things You'll Need
- Motion for Appointment of Council
- Affidavit of indingency
- Financial documents
- Court records
- Filing fee
Instructions
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Prepare to Find a Court-Appointed Attorney
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Review your state's requirements for free or low-cost representation. Each state has its own set of guidelines for determining who is eligible to receive a court-appointed attorney. You can find more information on your state's requirements by visiting your state's official website, or contact the clerk of the court in the jurisdiction where you are set to stand trial.
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Collect and organize all of your financial documents, including your two most recent pay stubs, your most recent tax return, statements from all of your bank accounts, and your spouse's most recent pay stubs (unless your spouse is a victim of the crime of which you have been accused).
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Organize any court documents you have that are relevant to the charges, including a copy of the criminal complaint, any answers you have filed (if applicable), police reports and other documents.
Find a Court-Appointed Attorney By Motion
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Draft a Motion for Appointment of Counsel explaining why you are in need of a court-appointed attorney. You can request a form and instructions from the clerk of the court for guidance, but remember, the clerk cannot dispense legal advice.
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Draft an Affidavit of Indingency, which is a sworn document in which you must declare the reasons you qualify for a court-appointed attorney. State your income, that you are at or below the income requirements, that you meet all other guidelines, and that you are telling the truth under penalty of perjury. Sign the bottom of the affidavit and have it notarized.
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File both the motion and the affidavit, and include the filing fee, with the clerk prior to your preliminary hearing. You will be provided with a date for the motion hearing, which will occur prior to your preliminary hearing, although it will happen after your arraignment hearing, if that has not already taken place.
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Attend the motion hearing and bring with you the documents you need to present. Answer any questions the judge has honestly and completely. When the hearing ends, the judge will decide whether to appoint you a public defender. It is important to note that you cannot choose who your court-appointed attorney will be; the decision is made at the sole discretion of the judge.
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Meet with your court-appointed attorney prior to your initial hearing. Do not be alarmed if the first time you meet with him is just prior to the hearing. The attorney is already familiar with your case, and will be able to represent you fairly in court.
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