Public Defender and Self-Representation

Aside from hiring a criminal defense attorney to represent you and your interests, you have two other options: (1) you can work with a public defender or (2) you can represent yourself.

Using a Public Defender

As someone charged with a crime, you are entitled to representation even if you cannot afford an attorney. While jurisdictions have various methods for determining whether or not you qualify for a public defender, usually you will have to submit some kind of report detailing your earnings; note that your spouse’s or other family member’s financial status is not considered in this determination. If you are found to be only partially indigent, the court may decline to offer you court-appointed attorney as representation but you may get reimbursed for some of your costs.

Many jurisdictions have an appointed public defender or public defenders who handle all cases for those who cannot afford attorneys. Other jurisdictions appoint different attorneys to handle criminal cases in such instances.

If you feel you will need a public defender or court-appointed attorney, you should request one as soon as possible to get the ball rolling on your defense.

Representing Yourself

Another option you have is to represent yourself in your criminal proceedings. This is called “pro se” representation, and for the most part, is ill-advised. As you are facing criminal charges, incarceration and/or other losses of personal freedom are likely to be at stake; acting as your own defense attorney gives you the worst chances of winning your case of all the representation options.

Remember, too, that if you are acting as a pro se defendant, you will be expected to know all the rules of court, including the procedures for filing motions, making objections at trial, preserving issues for appeal, etc. Although some judges may be helpful in guiding a pro se defendant through the technical aspects of criminal representation, not all are — and that’s not a chance that you should readily take when facing criminal charges.