What type of lawyers are available for defendants who can't afford
to pay for one?
The U.S. Constitution provides that you are entitled to be represented by an attorney if the state is trying to deprive you of your liberty. This means that a court may be required to appoint a lawyer to represent you for free -- or for a fee you can afford -- if the crime you are charged with carries a jail sentence.
Because most criminal defendants are unable to afford their own attorneys, many states have public defender's offices. Public defenders (P.D.s) are fully licensed lawyers whose sole job is to represent poor defendants in criminal cases. Because they appear daily in the same courts, P.D.s gain a lot of experience in a short period of time. And because they work daily with the same cast of characters, they learn the personalities (and prejudices) of the judges, prosecutors, and local law enforcement officers -- important information to know when assessing a case and conducting a trial.
In areas that don't have a public defender's office, the court maintains a list of attorneys and appoints them on a rotating basis to represent people who can't afford to hire their own lawyers.
How can I get a court to appoint a lawyer for me?
Normally, if you want a court to appoint a lawyer for you at government expense, you must:
* ask the court to appoint a lawyer, and
* provide details about your financial situation.
Typically, your first opportunity to ask the court to appoint a lawyer for you will be at your first court appearance, normally called your arraignment or bail hearing. The judge will probably ask you whether you are represented by a lawyer. If you're not, the judge will then ask whether you want to apply for court-appointed counsel. If you say yes, some courts will appoint a lawyer right on the spot and finish your arraignment. Other courts will delay your case and appoint a lawyer only after reviewing and approving your economic circumstances.
Each state (or even county) makes its own rules as to who qualifies for a free lawyer. However, as a general rule, if you are judged to be indigent, and there is actual risk of a jail or prison sentence, the court must appoint free legal counsel.
If you don't qualify for free help but can't afford the full cost of a private lawyer, you may still obtain the services of a court-appointed attorney. Most states provide for "partial indigency," which means that, at the conclusion of the case, the judge will require you to reimburse the state or county for a portion of the costs of representation.
Do I need a lawyer at my arraignment?
In most criminal courts the arraignment is where you first appear before a judge and enter a plea of guilty or not guilty to the offense charged. Assuming you enter a plea of not guilty, which almost every defendant does at this early stage, the following steps also happen at the arraignment:
* the judge sets a date for the next procedural event in your case
* the judge considers any bail requests that you or the prosecutor make
* the judge appoints a lawyer for you, if appropriate, and
* the judge may ask you to "waive time" -- that is, give up your right to have the trial or other statutory proceedings occur within specified periods of time.
What is a private lawyer likely to cost?
It's impossible to give a definitive answer. Attorneys set their own fees, which vary according to a number of factors:
* The complexity of a case. Most attorneys charge more for felonies than for misdemeanors because felonies carry greater penalties and are likely to involve more work for the attorney.
* The attorney's experience. Generally, less-experienced attorneys set lower fees than their more-experienced colleagues.
* Geography. Just as gasoline and butter cost more in some parts of the country than others, so do lawyers.
Can I change lawyers if I'm unhappy with the one representing me?
Requests for a change of public defender or court-appointed lawyer are rarely granted. A defendant would have to prove that the representation is truly incompetent.
On the other hand, defendants who hire their own attorneys have the right to fire them at any time, without court approval. A defendant doesn't have to show "good cause" or justify the firing. After firing a lawyer, a defendant can hire another lawyer or perhaps even represent herself. Of course, changing lawyers will probably be costly. In addition to paying the new lawyer, the defendant will have to pay the original lawyer whatever portion of the fee the original lawyer has earned.
Your right to change lawyers is limited by the prosecutor's right to keep cases moving on schedule. If you want to change attorneys on the eve of trial, for example, your new attorney is likely to agree to represent you only if the trial is delayed so she can prepare. The prosecutor may oppose the delay, possibly because witnesses won't be available to testify later on. In these circumstances, the judge is likely to deny your request to change lawyers.
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