Public defenders are the lawyers mentioned in your Miranda rights – the lawyers who are provided to you if you cannot afford one. Public defenders (PDs) are incredibly important to our legal system because they give people a chance to defend themselves against charges with professional assistance, even if they cannot afford a private attorney. However, the requirements for getting a PD in the first place are pretty strict.
Public defenders are only given to those who truly cannot afford a lawyer of their own, meaning that many people are outright denied a public defender. You usually cannot be denied a public defender because of the seriousness of your crime, and you are entitled to legal help even if your crime was really serious. However, it is important to think about what kind of service you will be getting with a PD and to consider hiring a private defense lawyer in your case.
For a free review of your charges, call The Law Offices of Lloyd Long’s Philadelphia criminal defense lawyers at (215) 302-0171 today.
Can You Be Denied a Public Defender in Pennsylvania Based on Your Crime?
There is no crime too serious to get you a public defender. Public defenders are sworn to defend their clients, and they have a legal and ethical obligation to do so, even if their alleged crimes are incredibly serious. This means that crimes of rape, murder, kidnapping, and other very high-level felonies will not bar you from getting a public defender.
Ironically, the opposite is actually true. Less serious crimes inevitably cost less for legal representation. Hiring a Pennsylvania criminal defense lawyer for a DUI case is much cheaper than for a murder case, and hiring a defense lawyer for a simple marijuana possession charge is cheaper than for aggravated assault charges. As such, if your crime is not particularly serious, you might actually be deemed able to afford representation for that case, while the same might not be true for a more serious case.
Eligibility Requirements to Get a Public Defender in Pennsylvania
Rules vary slightly from county to county in Pennsylvania regarding who qualifies for a public defender and how the public defender is appointed. Some smaller communities actually use a list of private attorneys who go on a roster of appointed counsel rather than using dedicated public defenders at their PD’s office, but the process is essentially the same in either case. Lists like this are also used to find “conflict counsel” if all of the lawyers at the PD’s office have conflicts of interest that would prevent them from representing you.
As for the basic determination of eligibility, the court and the public defender’s office will assess whether you can afford a lawyer for your case, and they appoint you a lawyer if you can’t. This means that many people will ultimately be denied a PD in Pennsylvania.
The standard or threshold used to qualify for a public defender is called “indigence,” which simply means you cannot afford a lawyer. To meet this requirement, different PD’s offices have different specific standards, but they essentially look at your income levels, compare them to the federal poverty guidelines, and weigh whether – in their analysis – you can afford a lawyer or not. As mentioned above, the seriousness of the charges is taken into account to analyze the expected cost of paying for a lawyer for your particular case.
In addition, public defenders usually give a lawyer to juveniles and to anyone in custody who wants one. This still allows children – who likely have no money – and people in jail – who cannot access their money or research lawyers – a chance to get help without worrying about whether they can afford it.
What Paperwork Do You Need to Prove Your Income Levels for a Public Defender in Pennsylvania?
Different counties have different specific requirements, but most offices require you to call ahead and schedule a time to come to their office to determine eligibility. When you do so, they will tell you what items you need to bring. In most counties, this is going to include pay stubs at the very least, but it may also include things like your tax returns, bank statements, proof of rent/mortgage amounts, and bills.
They need to get a picture of the whole of your financial situation, look at what payments you cannot stop (e.g., your rent and utilities), and see what’s left over afterward to see if you can afford a lawyer without bankrupting yourself.
What to Do if I Don’t Qualify for a Public Defender in Pennsylvania
Our attorneys recommend looking into your options for private counsel even if you do potentially qualify for a public defender. If you do not qualify, you can call us for a free case review, and we can tell you more about our pricing for services and discuss your retaining us for your case.
In most counties, public defender’s offices are overworked, and their lawyers are often newer attorneys with less experience handling high-profile cases, serious felony cases, and difficult trials. These attorneys are generally skilled, passionate lawyers who can provide excellent defense services, but they often do not have the time and funding to meet with every client individually, spend time discussing case strategy, and keep you informed of what is going on in your case.
When you hire us as your private defense lawyers, we work for you. We are answerable to you for everything we do, we can keep you informed about what’s going on in your case, and if you don’t like us, you can always fire us – something you cannot do with a public defender. While hiring a lawyer might be more expensive, it is ultimately worth it in many cases.
Especially if you are facing minor charges, it might be simpler and easier to just pay for a few quick services from our lawyers than to go through the process of proving you qualify for a PD, conforming your case to their busy schedule, and potentially getting rushed representation from an overworked public defender.
Call Our Pennsylvania Criminal Defense Attorneys Today
Contact The Law Offices of Lloyd Long at (215) 302-0171 for a free case assessment with our Bucks County, PA criminal defense lawyers and more information about our fees.