The Sixth Amendment to the United States Constitution defines the right to counsel reserved for a criminal defendant. It states that those who cannot afford an attorney can request the court to pay for one. Note that this is not a guaranteed right; one needs to meet a certain eligibility criteria to avail the service. However, those who qualify can benefit from this free representation to defend the charges against them.

Here is a brief overview of how the process works.

Eligibility for court representation
A common misconception is that court lawyers or court-appointed attorneys are available for all accused who cannot afford legal counsel. But not everyone will qualify for free legal aid. Mainly because the concerned state where the court proceedings are being held must bear the cost of hiring this representation.

For example, any individual or business suing the other party in a civil suit will not be eligible for free representation. Other civil cases for wrongful eviction of tenants, minor traffic violations, representation for minors, or public disputes may also not get free counsel provided by the state. Understand that the government will provide legal counsel to those mainly charged under the criminal code for misdemeanor and felony.

Three factors broadly define the scope of who qualifies for free legal assistance.

• Jurisdiction of that state where the court proceedings are held
• Complexity of the case where the court determines if public defenders should be appointed or not
• Investigation of defendant’s financial plea claiming he or she cannot afford legal representation

If the accused qualifies for free representation provided by the state, the court will then appoint either –

• A public defender who works for a non-profit or organization that provides free legal help OR
• A private attorney who takes on pro-bono cases (providing services without charging a fee)

Even though court lawyers will not charge a fee for their services, the court requires the defendant to pay a minimum registration fee (usually $50) to secure the representation. In some cases, the government might even instruct the defendant to reimburse the cost of finding legal representation after the verdict has been given. This exception is applicable when the court eventually finds out the defendant has the financial resources to pay for the lawyer.

Replacement of court-appointed attorneys
Defendants may be worried that the court lawyer may not be able to win the case. So, it is possible to replace the legal representation, but only when the defendant can pay for the new attorney out of their own pocket. Also, this can be only done if the defendant is able to prove to the court that the appointed legal counsel is inadequate for the case. Or in cases where the court-appointed counsel has maintained no proper communication with the defendant.

Court representation – Understanding the process
An individual facing criminal charges eligible for requesting a court-appointed attorney can do so during the first appearance (or arraignment) in front of the judge. This marks the beginning of the legal proceedings that will determine if the charges framed are fit to continue the case. In such cases, the court attorney will then be briefed and asked to take point hereon.

The judge will ask the defendants to present accurate financial information to determine if the state should provide a free attorney or not. Any misrepresentation or sharing of false information will be treated as perjury, and the defendant can be prosecuted for the crime. It is important to be honest and forthcoming with all income and asset declarations.

Also, in some cases, the defendant may have or can hire a private attorney given their current financial standing. However, the judge may allow a court-appointed attorney if the charges are substantial. Court cases can go on for months or years, and even if defendants can hire an attorney in the beginning, he or she may not be able to allowed extra hours billed to handle the case.

Benefits of getting a court-appointed attorney
Many defendants feel private practice attorneys provide better legal representation since they have the resources of the firm backing the case. However, public defenders are more experienced in fighting criminal prosecution cases. They also have investigators and research support staff working at the courthouse with quick access to all information necessary for the case.

Moreover, public defenders are frequently represented at the courthouse, giving them the inside edge over private practice attorneys. Having worked for the same jurisdiction, court lawyers will be more familiar with the judges on the panel and are better aware of the court proceedings. These insights help them prepare for the case and any contingencies they feel might arise during the session. Court lawyers also have a better chance of negotiating deals and pleas on behalf of the client.