What is a Court-Appointed Attorney?
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Generally referred to as public defenders, court-appointed attorneys are lawyers who provide legal counsel to those who have been criminally charged and cannot otherwise obtain or pay for an attorney. Access to a court-appointed attorney is a defendant’s right under the 6th Amendment or Miranda Rights, which are issued at the time a person is criminally charged.
Court-appointed attorneys are employed by the federal government in most cases, but some work for non-profit entities that are funded by the government. The landmark case of Gideon v. Wainwright in 1963 is largely responsible for the public defense system that is in place today. While not every jurisdiction has a public defender’s office, most do. In the event that they do not, the court assigns court-appointed attorneys from private legal aid firms with which they have a contract.
When a charged defendant is brought before a judge for hearing, the judge will ask the defendant if he or she wants to hire an attorney privately or use a court-appointed attorney for their defense. Before a defendant can qualify for access to court-appointed attorneys, he or she must be facing a criminal charge that carries the potential for an imprisonment sentence if convicted. They must further prove indigent, not being able to afford legal counsel, and will be asked to divulge financial information verifying their situation. If the judge determines that the defendant cannot afford, counsel, they will approve the request for a court-appointed attorney.
In most cases, court-appointed attorneys are not completely free of charge unless the defendant is not convicted of the crime they were originally charged with. Typically, if a defendant is convicted, a judgment is entered requiring payment based on several factors including financial situation, severity of the charge, and depth of defense. In most cases, court-appointed attorneys are less costly than private attorneys.
While it is the right of all defendants to be provided with legal counsel, most middle-class Americans do not qualify financially for access to court-appointed attorneys and are forced to hire private counsel. Many people question the quality of defense provided by court-appointed attorneys who, in effect, work for the courts. However, it is their legal responsibility to defend all people fairly to the best of their ability. All persons who are facing criminal charges will be instructed with options for obtaining legal counsel. They can also call their local bar association for further information.
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28
My son, 21 yrs old at the time, had a court appointed attorney for a B&E case. Attorney fees amounted to $15,800. This seems high to me but I don't know what to expect.
Seems to me if we'd have known it would cost that much we could have at least explored other defense options. I realize he needs to be punished but with court costs and attorney's fees, he owed over $26K. I'm not sure how they expect him to pay that. Feel like we're punished for not knowing the system. - anon53326
27
I visited your website for the first time and found this site very useful and interesting! Well, you guys are doing nice work and I just want to say that keep rocking and keep it up! Sara, find attorney - anon52986
26
When the case is settled, the judge will impose an attorney's fee, usually much less then you would have to pay for that same attorney privately. We are petitioning to replace our caa because I overheard him say he wasn't thrilled working for $25 an hour, stood up the court, my dad, and my son. You usually have to go through the Circuit Defender to get another caa. I understand that the attorney is appointed from start to finish. Call legal aid and ask that question. - anon46575
25
I have to agree somewhat with “folks whining” statement! I agree about people shouldn't commit crimes!
And those people who do should have to answer to those crimes. But what I want to know is how is it that some people get less time for committing a greater crime than those that commit a lesser crime? What makes a court appointed attorney the judge? Because my son had been in trouble for a different crime 10 years before the court appointed attorney said he should take the six years. Imprisonment because apparently the five years he did before didn’t help! I think if we are spending our tax payer money, maybe we should spend it on trying to rehabilitate these people instead of just locking them up with no counseling, then after they do their time release them and say good luck! Well! It takes more than luck to make it after being locked up! - anon46162
24
Jesus, a convicted felon, did not receive a fair trial before an impartial judge and/or jury and all judges and/or juries shall be presented before His Throne, and convicted, by Jesus. It is all about the money. - anon45611
23
All I can say is Oh my God! The system sucks! Our family is going through tough times, facing a criminal charge that can carry a 15 to life charge, and i've got to tell you finding an attorney, private, or appointed, that will work for you, and not themselves is like a needle in a haystack! We looked into hiring a "private" attorney but we were looking at 50,000 to 150,000 and nothing guaranteed. We have a public defender and it seems he works but not enough through the technical details which really count in this case. We were looking to get an appointed attorney but from reading the blog it seems the system is just another money making business. All we can do is pray. All of you remember God is the only one that judges at the end. Good luck everyone. - anon45071
22
OK i had 3 different court appointed attorneys. None of them explained to me the differences between misdemeanors A, B, or C. Neither did they tell me the seriousness between them all and what it will effect my future. I am 20 now and i can't get a job and i can't get into school for some petty misdemeanors that should have been C's if i would have known that C's were better then an A i would have fought my case better. But my court appointed attorney never explained anything to me and just made me plead guilty by persuading me that i have no chance at trial. If anyone goes for one don't listen to them. you can bring your sentence down and you can work out a better deal. What can i do about my situation? i'm going to make a complaint to the texas bar, but what can help me with my record? i never got represented right? - anon43302
21
Are there any pro bono organizations in ny state? My family and I are in Desperate need of an attorney. We don't feel like we're getting adequate representation from the public defender but don't have the 50 to 100k to provide. - rockny23
20
How can an inmate who had a court appointed attorney, pay for the service? I thought it was "free of charge" if you are indigent. Not all inmates have jobs 'inside' nor can their families afford to pay this bill. What is the answer to this dilemma? - anon33163
19
I have the same question as CalijoeMy son is 19 and has been given a court appointed attorney. How can we get another attorney and dismiss the other? Or can we? - anon23423
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Remember. If you don't have money, and you are not guilty of a crime, you can still fry. The legal system in the USA sucks!!! Police Investigators use directional questioning in order to get the response they want out of a person. Then they use that response to confuse you. Court Appointed Attorneys are NOT here for you, they are here because they want to make a name for themselves at any cost. God Bless all those in prison who are innocent of a crime and placed there unfairly because of our screwed up justice system. - anon22470
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To Rodyo...I certainly hope you have never driven after having a drink, or given a friend and aspirin, or jay walked, as you may not know...many people face charges for things they did not do or are just plain ridiculous. Be careful of court appointed attorneys, in general they will do nothing to defend you and they are NOT free. They often charge for each item you are charged with and do not consider person's ability to pay, which they are supposed to by law. You will find that in small towns there really in no justice. - anon19655
16
I have a 15 year old son that lives in Georgia with his father. I had joint custody and I live in Florida. His father killed himself over the weekend and I had plans to bring him back with me to live since I have custody. Before the funeral was held. It hasn't even been held yet, the grandmother petitioned to get custody. Her plan is to move to the town where my son lives and raise him and now has temporary custody until December when it can go before the judge. I don't have the kind of money to fight but I don't feel like I have done anything to deserve this because my son just simply doesn't want to leave his friends. He will adjust here in time. I need to know if I would be eligible for a court appointed lawyer to help me. - reneeyoung
15
I know someone who is being sued by their former husband for custody of their 12 year old child. She has no job and her current husband wants nothing to do with this case. He barely has enough money himself to take care of the family, let alone an attorney bill. She claims she'll get a court appointed attorney, which I don't think she can because she's committed no crime. Can she file for legal aide without her husband's consent and signature? He's worried that another bill will be compiled for him without his knowledge. What would she do about representation? - anon17591
14
I have the same question as vhval. I always thought that you were innocent until proven guilty? If you have no money they you are not innocent until proven guilty. someone please help me. - camelshoes
13
Perhaps you folks whining about your court appointed attorney shouldn't have committed the crime in the first place. You commit a crime, your generally free attorney (actually, tax payer funded) will probably lose because, justice usually works, and you'll do time. - rodyo
12
what is the right of a defendant whose court appointed attorney comes to him when he is scheduled for trial on a charge in which he was never arrested, received summons sent to an address in which he had moved from and has not had a preliminary hearing, and has no discovery or paper work regarding the charges and suggest he take a plea? How does one get a REAL attorney because public defender is not even requesting discovery and suggest a plea bargain? He feels he cannot get a fair trial with that kind of representation??? Anyone got suggestions, we have no money in the family to hire an attorney. Money is the key to justice from what I am seeing, without it, you're guilty! - vhval
11
okay my husband had court appointed attorneys for 3 felonies. there was a plea made and he still had to serve prison time now at the clerk of court they are saying he owes attorney fees for 850 is this correct i thought court appointed meant free. i mean i have had several court appointed and never been fee'ed. idk - anon14230
10
What is the procedure to apply for a court appointed attorney? Is there a form i can download online? - aileenie23
9
My Fiancé has been charged with a crime in May of last year(07) and has been released on house arrest in october(07). Now he has this stupid court appointed attorney who keep telling him that he should'nt try to get a schedule to go out and look for a job because the judge can revoke his house arrest for asking. Is this true as though it sounds ridiculous? There are also other things I don't like about this attorney. is it possible for him to ask for another attorney or will they give him a P.D? - jemirah39
8
can someone get bonded out if he has a court appointed attorney? - anon12974
7
my son is 19 years old. we live in new york (long Island) is he responsible for the lawyers fees or are we?? - wegotcards
6
my daughter was given a court appointed attorney and i would like to fire him for many reasons, how do i do that? - calijoc
4
Can a court refuse to give you a court appointed attorney even though you requested one when they asked? Financial information wasn't given to the judge and the judge flat out said that a court appointed attorney couldn't be given because of the fact that I didn't have children. I am 22 years old and I am being charged with contributing to the delinquency of a minor.
I was at a party and minors were there and even though I hadn't purchased alcohol for the minors and I was unaware of the fact that there were minors I am still being charged. I don't have the money to hire an attorney and when the judge said that I couldn't have an attorney because children weren't involved I was speechless. I thought that when an attorney appointed by the state was requested one must be given if it is not possible for me to afford one. Is this right or should I fight this, too? - anon4519
2
My son (18 yrs old) went to Municipal Court yesterday in Arkansas City, Kansas on a first appearance for a charge of Battery. He is charge with Battery (hitting a drunk man one time).
My son has no job. He plead not guilty and asked for a court-appointed attorney.
Judge Iverson told him that if he plead not guilty in his court HE WILL DO JAIL TIME. AND that he could not have a court-appointed attorney on his first Battery Offense.
Is this legal? - MountainLily
1
when a court appointed attorney has been appointed to your case for an appeal, is he appointed to the entire case or can he be appointed to only a portion of it? my husband attorney said that i would have to hire another lawyer(suggesting himself) for the so called WRIT part of the case is that legal? he said he was not hired for that part can that happen? - andrieneb
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Written by
J. Beam
Last Modified: 20 November 2009
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