Facing criminal charges can be overwhelming. The process is unfamiliar, the stakes feel high, and for many people, the first question is simple: What happens if I cannot afford a lawyer?
The answer begins with the Sixth Amendment to the U.S. Constitution. It protects the rights of anyone accused of a crime and ensures the government cannot take away a person’s freedom without following strict legal rules.
It gives you many rights, among them is the right to legal counsel. If you can afford to hire a lawyer, you have that right. If you cannot, the court must appoint one to help ensure your defense is fair. This is where public defenders come in.
Who Are Public Defenders?
“A public defender is a lawyer who represents people who can’t afford to hire a private attorney. In New York, this defense is funded by public money, but the attorney’s job is to stand by the client’s side in court,” says Criminal attorney Jeffrey Lichtman of The Law Offices of Jeffrey Lichtman .
Public defenders come from different places depending on where your case is heard. In some counties, your lawyer may come from an official public defender’s office. In others, your lawyer may work for a legal aid organization or be a private attorney appointed by the court.
If you think you cannot afford a lawyer, you will be asked to complete a financial disclosure form. The court will look at your income, expenses, and the number of people you support. If you qualify, the judge may appoint one of the following:
- A public defender’s office: In larger counties, this office provides full-time defense attorneys who handle criminal cases for those who meet financial guidelines.
- A Legal Aid Society attorney: In places like New York City, nonprofit legal aid groups provide defense lawyers who work solely for clients who cannot afford private counsel.
- An 18-B panel attorney: In smaller towns without a public defender’s office, the court may assign a private lawyer from an approved list. These attorneys take on cases at rates set by the state.
How Do Public Defenders Get Assigned?
The first thing to understand is that you will not be able to select your public defender. The court will assign one based on the system in your area and who is available at the time your case is scheduled. This process follows local rules and is not something the defendant controls.
Vertical Representation
In some counties, your case will follow what is known as vertical representation. This means you will work with the same lawyer from the very beginning to the end. That lawyer will be with you through arraignment, motions, negotiations, and trial if needed. This approach is more common in smaller communities where there are fewer attorneys.
Horizontal Representation
In larger cities and busier courts, horizontal representation is often used. This means different attorneys will handle different stages of your case. One may handle your initial court appearance, another may work on motions, and someone else may handle the trial. This system allows overburdened public defense offices to manage a high volume of cases.
Final Words
The right to have a lawyer is not something you must earn. It is written into the Constitution to ensure that no one confronts criminal charges alone because they cannot afford legal representation. Public defenders exist to meet this need and help make the court process fair.
If you are facing charges in New York, knowing how the public defense system works can help you take the next step with more clarity and less uncertainty.
Also Read: What Are the Most Common Criminal Offenses in Virginia?
