Public Defenders: How to Get One and What They Do

A public defender is a lawyer paid by the government to represent people in criminal cases who cannot afford a private attorney. The right to a lawyer in criminal cases is protected by the Sixth Amendment, and public defenders are one of the main ways that right is carried out. This page explains how the system generally works and what to ask. It does not decide whether any person qualifies in a particular case.

The constitutional basis

The U.S. Courts' defender services page explains that the Sixth Amendment guarantees an accused person the right to representation by counsel in serious criminal prosecutions. The same page describes how the federal judiciary appoints counsel for people who are financially unable to hire their own lawyer. The judiciary's Criminal Justice Act program covers this work in federal criminal cases.

State criminal cases are handled through state systems. States organize this work in different ways, including public defender offices and appointed counsel programs.

Two kinds of federal defenders

In federal court, the defender services page describes two types of federal defender organizations. Federal public defender organizations are federal entities, and their staff are federal employees. Community defender organizations are nonprofit organizations that receive grants from the federal judiciary. Private lawyers who accept appointments are known as CJA panel attorneys. In districts that do not have a defender organization, panel attorneys handle all of the appointed cases.

Ask the court which system serves your case. The answer determines who you will speak with first.

Who can qualify

Courts decide whether a person is financially unable to hire a lawyer, as the defender services page describes for federal cases. The judge may ask about income and property in court, or ask you to fill out a financial form. The standard is set by the court or by state law, and it is not the same everywhere.

Answer financial questions honestly. A false answer can create serious problems, and the court can review your answers later.

How to request one

Most people request a public defender at their first court appearance. Tell the judge that you cannot afford a lawyer, and ask for appointed counsel. You may be given a form to complete. If the form is not clear, ask the clerk or the public defender's office for help.

If you hire a private lawyer later, let the court know. A change in your financial situation can also affect the appointment, so keep the court informed.

What a public defender does

A public defender typically:

• meets with you to learn your side of the case;
• explains the charges and possible outcomes in general terms;
• reviews the evidence the prosecution has provided;
• speaks with the prosecutor about the case and any plea offers;
• files motions, such as requests to challenge evidence;
• represents you at hearings, including bail and trial.

They may also work with investigators or experts when needed. Public defenders are lawyers with the same professional duties as private attorneys, and their job is to represent the person who is accused.

Conflicts of interest

Sometimes a public defender office cannot take a case because it already represents another person in the same matter. When that happens, the court may appoint a different lawyer, such as a panel attorney in federal court or a conflict counsel in state court. Tell the court about any relationship that could create a conflict, and ask the judge to review the appointment if you are concerned.

What you should bring to your first meeting

• the court papers you received, including the charge and the next court date;
• a list of questions you want answered;
• any bail or release papers;
• contact information for witnesses, written down in one place;
• a written timeline of events, if you can prepare one safely.

Be honest with your public defender, even about facts you think may hurt your case. They need the full picture to help you.

What to expect over time

Criminal cases can take months, and public defenders often carry many cases at once. Ask how you will get updates, who to call with questions, and what the process is for reaching the lawyer assigned to your case. Keep your own record of court dates, phone calls, and letters.

When a private lawyer may be an option

Some people who qualify for a public defender also choose to speak with a private criminal defense lawyer for a consultation. Ask how fees are set and whether the lawyer will handle the case in the court where it is pending. Our criminal defense practice page lists criminal defense lawyers by state, and the guides hub has more plain-language articles on court procedures.

Frequently asked questions

Can I choose my public defender? In most systems, the court or the defender office assigns a lawyer. You can ask the court about a change if there is a conflict or a serious problem with communication, but a change is not guaranteed.

What if my income changes during the case? Tell the court and your lawyer right away. A change may affect whether you remain eligible, and the court can review the appointment.

Do I have to pay for a public defender? Whether any payment applies depends on the court and your finances. Ask the court whether any payment applies in your case.

Does a public defender work for the government? Public defenders are paid with public money, but their duty is to their client. Their job is to defend the person accused, not to act for the prosecutor.

General information, not legal advice. Laws change and every case is different. Talk to a licensed attorney in your state about your situation.