The Sixth Amendment to the United States Constitution guarantees, among other things, the right to an attorney if an individual has been arrested. This right to an attorney helps ensure that the individual receives a fair trial. Law enforcement must inform suspects that they have the right to an attorney and that an attorney will be provided for them if they cannot afford one.
The right to an attorney has been interpreted by courts to mean that attorneys must be present at any adversarial, critical stages or criminal prosecutions. Critical stages include:
In addition, every individual has the right to be represented by an attorney at trial, regardless of their ability to pay for an attorney. If an individual cannot afford the services of a private defense attorney, the court will appoint a public defender.
Court-appointed attorneys perform various tasks, including but not limited to:
- Analyzing the specific facts of each case
- Researching appropriate laws, both federal and state, that apply to the case
- Arguing the defense case before the court at hearings, using the legal defense theories they have formulated
- Providing the defendant with legal advice
- Representing the defendant at trial
- Ensuring that an individual does not incriminate themselves
- Speaking with witnesses.
If an individual is appointed a public defender, they generally will not have a choice of which attorney represents them. Although each individual has the right to be represented by an attorney of their choosing, scheduling conflicts and the availability of public defenders may practically limit this right.
How Do I Qualify for a Court-Appointed Attorney?
The first opportunity to request a court-appointed attorney will generally occur at the arraignment when the charges are brought against the defendant and read to them. A defendant may also make their request during the bail hearing, which is the second hearing to occur.
If you ask for an attorney, some courts will immediately appoint a public defender and finish your arraignment hearing. Public defenders in the courtroom will be waiting to pick up new cases, and your attorney will come from that group.
Other courts will put your case on hold and appoint a public defender only after your economic circumstances have been investigated and you are approved for a court-appointed attorney. You must prove that you cannot afford to hire your own attorney. This could be in financial or legal documents; reviewing them could take time. Because of this, you may not quickly receive an answer regarding your eligibility.
Another factor to consider is the severity of the crime in question. An example would be a wage earner who can afford private representation for a minor crime such as a misdemeanor. However, the same defendant might not be able to afford private representation for a more serious crime – most likely a felony – because serious crimes tend to take longer to investigate and prepare for what could well be a lengthy and complicated trial.
What Is Partial Indigency?
Each state has its own rules regarding qualifying for a court-appointed attorney. Some people fall through the cracks – they are not rich enough to hire a competent private attorney and not poor enough to qualify for a court-appointed lawyer. Some states have developed a method to address this problem.
The defendant is said to have “partial indigency.” The court will provide them with representation, and at the end of the case, it will add up how much the public defender’s service was worth. If you are the defendant, the judge will require you to reimburse the state for whatever portion of the attorney’s fees you can afford.
Do I Always Need to Keep My Court Appointed Attorney?
Unfortunately, if you are unhappy with your court-appointed attorney, you will not likely be successful if you try to plead with the judge to be assigned a different lawyer. A judge rarely grants such a request because you would have to prove that your current representation is truly incompetent to get new representation. Mere incompatibility or dislike for each other doesn’t add up to be a cause for granting you a new public defender.
However, you are absolutely allowed to get a second opinion regarding the advice provided by your court-appointed attorney. If you feel that they do not adequately and accurately represent you and your case, you may wish to purchase a short consultation with a private attorney. This will allow you to hear their thoughts on the matter and compare the advice provided by both attorneys.
After the consultation, you may decide it is worth it to find and retain a private attorney. Alternatively, you may be best off learning to work successfully with your court-appointed lawyer.
Court-appointed attorneys are good attorneys. The legal representation provided by a public defender is generally on par with that of a private attorney. Simply because they work for “free” does not mean they are less skilled or competent. Often, they are just as good, or even better, as private attorneys.
If you are skeptical about the qualifications of your court-appointed attorney, you should ask them about their qualifications, including how many similar cases they have handled and what the outcomes of those cases were. Open communication is key with any attorney, whether court-appointed or hired.
What Other Rights Do Criminal Defendants Have?
Criminal defendants have several rights in addition to the right to an attorney. Some of the most common rights available to criminal defendants include:
- The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures and states that the government must have probable cause for searches and seizures. Improperly obtained evidence may not be used against a criminal defendant in court.
- The Fifth Amendment protects defendants against self-incrimination. That is why you are given the right to remain silent so that you won’t say something that might be used as evidence against you. The Fifth Amendment also protects you against “double jeopardy” (being tried twice for the same offense).
- The Sixth Amendment provides criminal defendants with the right to legal representation, the right to a speedy trial, and the right to confront witnesses
- The Eighth Amendment provides criminal defendants with the right to reasonable bail and the right against cruel and unusual punishment
Should I Hire My Own Attorney for Criminal Matters?
It is important to have the assistance of a criminal defense lawyer if you have been arrested or charged with any crime. A criminal defense attorney will understand the laws and legal defense theories that could apply to your case and will represent you and protect your constitutional rights in and out of court.
If you are the defendant in a criminal case and can afford to, you should speak with a skilled and knowledgeable private criminal lawyer. The biggest problem with, and for public defenders is that there aren’t enough of them, so each one has a huge caseload and must divide their time among their many clients.
A private attorney will focus on your needs and spend more time addressing your case, which often results in a better outcome. Additionally, a court-appointed attorney may not match your preferences and personal goals, while you can always find a private attorney whose perspective matches yours.
If you can afford your own private attorney, beginning the search process as soon as possible is important. Your attorney will protect your rights during the entire arrest and trial process.
