Being accused of a crime can be an incredibly stressful experience. One of the first major concerns is figuring out how to obtain quality legal representation. If you cannot afford to hire a private Los Angeles criminal defense lawyer, you have a constitutional right to have counsel appointed to you by the court.
The lawyer is typically funded by the taxpayers; however, depending on the circumstances and jurisdiction of the crime, it may not be entirely free of cost to you. Let’s examine the cost of a court-appointed lawyer and learn more.
When Do You Qualify for a Free Court-Appointed Lawyer?
The 6th Amendment guarantees criminal defendants the right to legal counsel, even if they lack the means to pay for a private lawyer themselves. However, this court-appointed counsel is only mandated in cases where the defendant faces potential incarceration if convicted.
Specifically, you are entitled to a court-appointed attorney in situations where:
- You are charged with a felony offense
- You are charged with a misdemeanor that carries a potential jail sentence upon conviction
- You are a juvenile accused in a delinquency proceeding
Minor infractions like traffic tickets typically do not qualify for court-appointed counsel since they do not involve incarceration. In the State of California, Cal. Penal Code § 987(c) describes who will be eligible for free legal counsel.
It is important to note that the State of California no longer charges upfront or recoupment fees to those who have proven they can qualify for court-appointed counsel. However, you may be asked to reimburse the jurisdiction if your circumstances change and you become able to pay at the end of your proceedings.
For a free legal consultation, call (310) 896-2723
Determining Indigency for Court-Appointed Counsel
To receive a free court-appointed lawyer, you must prove to the court that you are indigent – meaning you lack the financial resources to retain private legal representation on your own. How indigency is evaluated can vary widely by jurisdiction.
If the court determines you are financially able to pay for legal help, contact our firm immediately for a free consultation to learn how we can help you.
The Indigency Review Process
At your arraignment hearing, the judge will ask whether you have hired an attorney or need one appointed to you. If you request court-appointed counsel, the judge may inquire about your:
- Income and employment status
- Assets like real estate, vehicles, investments, etc.
- Debts and ongoing financial obligations
You may have to complete a financial affidavit or questionnaire detailing your full economic situation. The judge will review this information to determine if you meet the indigency guidelines and truly cannot afford a private lawyer.
If approved as fully indigent, you will be assigned counsel from the public defender’s office or from a rotating list of private “panel attorneys” who accept court appointments – all at no upfront cost to you.
What if I’m Only Partially Indigent?
In some cases, the court may deem you as having limited resources – not impoverished enough for fully free counsel, but also not able to realistically hire high-priced legal representation. This partial indigency status often results in a court appointment but with the possibility of having to repay some of the costs later if convicted.
For example, the court may order you to reimburse a portion of the expenditure for your public defender or pay a modest application fee for the court-appointed panel attorney. The amount would be based on what the court determines you can reasonably afford.
Complete a Free Case Evaluation form now
Comparing Public Defenders to Private Attorneys
A common misconception is that free court-appointed lawyers are lower quality or “second-rate” compared to privately retained counsel. However, this is generally not accurate.
Public defenders are fully credentialed and attorneys who specifically choose to work in indigent defense. However, the public defender’s office is incredibly overloaded and must juggle dozens and dozens of clients at once, often leaving them overworked and without ample time to devote to your specific case.
At the same time, a private defense lawyer that you hire and pay for can devote more individualized attention, resources, and time to your specific case than an overwhelmed public defender may be able to provide.
You Cannot Choose Your Specific Court Appointed Lawyer
It’s important to note that if you are found eligible for court-appointed counsel, you do not get to select which specific attorney will represent you. That decision is made by either the public defender’s office based on caseload balance or by the judge/court administration when appointing a private panel attorney.
While you can always choose to hire a different private counsel that you prefer, convincing the court to replace your assigned court-appointed lawyer is very difficult unless there are extraordinary circumstances like:
- An irreparable breakdown in attorney-client communications
- Clear instances of inadequate representation or mistakes constituting ineffective assistance of counsel
Simply disliking your appointed lawyer’s personality or strategy is typically not enough for the court to grant your request for newly appointed counsel.
Upholding Your Right to Representation
At the end of the day, the assurance of court-appointed counsel is a critical constitutional safeguard to protect the rights of the accused, regardless of financial means.
Securing the assistance of a qualified lawyer should be your top priority when charged with a crime that could deprive you of your freedom. For decades, Michael Simmrin has helped thousands of people facing criminal charges in California.
If you have any other questions about court-appointed counsel or need to discuss the legal defense services we offer, the team at Simmrin Law Group is here to help. Contact us for a confidential consultation at no cost to you today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form