What a Public Defender Is
A public defender is a licensed lawyer paid by the government to represent people charged with crimes who cannot afford a lawyer. The right comes from the 6th Amendment, and since Gideon v. Wainwright in 1963 every state must provide one in felony cases (Cornell LII). Some places use salaried public defender offices. Others pay private lawyers case by case, called assigned or panel counsel.
Key facts
- About 82% of felony defendants in the 75 largest counties, and 66% in federal court, had a court-appointed lawyer (BJS, 2000).
- The right to a lawyer starts at your first appearance before a judge (Rothgery v. Gillespie County).
- In 2022, 42 states and D.C. let courts charge people for the cost of their appointed lawyer (NLADA).
- A 2023 national study found one lawyer can properly handle about 59 low-level felonies a year, not the 150 that a 1973 limit allowed (RAND and ABA).
In federal court, the Criminal Justice Act sets up two kinds of help: federal defender offices with salaried lawyers, and panels of private lawyers the court appoints and pays (18 U.S.C. 3006A). A federal defender and a panel lawyer are both real, licensed attorneys, and both owe you the same duty.
How to Get a Public Defender
Ask for one at your first court appearance, and say plainly that you cannot afford a lawyer. The court will ask about your money and decide whether you qualify. You do not have to wait until trial: the Supreme Court held in 2008 that the right attaches at your first appearance before a magistrate, where you learn the charges and the court sets bail (Rothgery). That case came from Gillespie County, Texas, where Walter Rothgery asked for a lawyer several times and was denied.
How you get a court-appointed lawyer
- At arrest Say you want a lawyer Tell police you want a lawyer and will not answer questions without one.
- First appearance Ask the judge At your first hearing, tell the judge you cannot afford a lawyer and want one appointed.
- Same day or soon after Show your finances You answer questions or fill out a form about income, assets and expenses. Answer honestly.
- Before the next hearing A lawyer is appointed The court assigns the public defender's office or a private lawyer it pays. Get the lawyer's name and number.
- Through the case Stay in touch Your lawyer represents you at every stage, including plea talks, trial and sentencing.
Sources: Rothgery v. Gillespie County (2008); 18 U.S.C. 3006A (federal cases). State processes differ, and timing varies by county.
If you are already out of jail, you can call the public defender’s office for your county before your court date, which lets you start the application early. Our Miranda rights guide covers how to ask for a lawyer during questioning so the request counts.
Who Qualifies for a Public Defender
You qualify if you cannot afford to hire a lawyer yourself, but there is no single national income cutoff. The federal law uses the phrase “financially unable to obtain counsel” and leaves the judgment to the court after an “appropriate inquiry” (18 U.S.C. 3006A). The law sets no dollar figure, so ask how your court decides.
A free lawyer is not always free. In a July 2022 review of state laws, the National Legal Aid & Defender Association found that 42 states and D.C. allowed courts to charge people for the cost of their appointed lawyer, and 18 states allowed an upfront application fee. By those counts, 17 states allowed both. Only 7 states had no law allowing either: California, Hawaii, Mississippi, Nebraska, New York, Pennsylvania and Rhode Island (NLADA).
- 42 + D.C.
- States letting courts charge for an appointed lawyer
- 18
- States with an upfront application fee
- 7
- States with neither kind of fee
Ask about fees when you apply, and whether they can be waived. A fee should never stop you from asking for a lawyer.
When You Have a Right to a Free Lawyer
The Constitution guarantees a free lawyer in any criminal case that ends, or could end, in jail or prison time. The Supreme Court built that rule one case at a time.
When the Constitution guarantees a court-appointed lawyer
Source: Supreme Court opinions, Cornell LII
The right has limits. The 6th Amendment covers “criminal prosecutions,” so it does not reach most civil cases, such as a lawsuit or an eviction. If a court-appointed lawyer does poor work, Strickland v. Washington (1984) sets a hard test: you must show the lawyer’s work fell below a reasonable standard and that there is “a reasonable probability” the result would have been different (Cornell LII).
Public Defenders vs. Private Lawyers
People with public and private lawyers were convicted at about the same rates in the government’s own data. In the 75 largest counties, 75.4% of felony defendants with appointed lawyers and 77.1% with private lawyers were convicted, according to the Bureau of Justice Statistics (BJS, 2000).
How felony cases ended, by type of lawyer, 75 largest counties, 1996
Source: Bureau of Justice Statistics, Defense Counsel in Criminal Cases (November 2000)
Sentences were another matter. Of those convicted, 71% of state defendants with appointed lawyers went to jail or prison, against 54% with private lawyers. In federal court the figures were 88% and 77% (BJS, 2000). Those gaps do not prove the lawyers made the difference: people who can hire a lawyer are more likely to be out on bail and may face different charges. The data is also from the late 1990s.
Studies that compare like with like point to the kind of appointed lawyer. In Philadelphia, one in five poor people charged with murder was assigned at random to the public defender and the rest to private lawyers appointed by the court. Across 3,412 cases from 1994 to 2005, public defenders cut the murder conviction rate by 19%, the chance of a life sentence by 62%, and expected time served by 24% (National Institute of Justice).
- 19%
- Lower murder conviction rate with a public defender
- 62%
- Lower chance of a life sentence
- 24%
- Less expected time in prison
A 2007 study of federal cases found the same pattern: salaried federal public defenders got lower conviction rates and shorter sentences than private panel lawyers. The author tied more than half the difference to experience, pay, law school and caseload (NBER).
Public Defender Caseloads
The number of cases a lawyer carries decides how much time your case gets. For 50 years, the most common limit was set in 1973: 150 felonies or 400 misdemeanors per lawyer per year. That leaves about 13.9 hours per felony. In 2023, RAND and the American Bar Association published standards for how long each kind of case takes to do properly (RAND and ABA).
| Category | Value |
|---|---|
| Low-level felony | cases59 |
| Mid-level felony | cases36 |
| Serious felony (not murder or sex offense) | cases21 |
| Low-level misdemeanor | cases150 |
| Serious misdemeanor | cases93 |
| Murder | cases8 |
| Case that could end in life without parole | cases7 |
Computed as 2,080 working hours a year divided by the hours per case in the National Public Defense Workload Study (RAND and ABA, 2023), Table S.1, rounded down. The 1973 limit was 150 felonies of any kind.
When there are not enough lawyers, people wait. In Oregon, the list of people charged without an appointed lawyer fell from about 3,200 in August 2025 to about 1,100 in August 2026 (Portland Tribune). In federal court, the judiciary ran out of money to pay private appointed lawyers on July 3, 2025, and payments did not resume until mid-November 2025 (U.S. Courts). Our 6th Amendment explainer follows both.
Questions to Ask Your Public Defender
What to ask, and what to do, once you have a lawyer
At your first meeting
- Ask how to reach your lawyer, and who to call if your lawyer is in court.
- Ask what the charges mean and the most and least you could face.
- Ask what happens at the next court date and whether you must be there.
- Tell your lawyer everything, including what you already told police. The conversation is confidential.
If a plea offer comes in
- Ask what kind of deal it is and whether the judge is bound by it.
- Ask what sentence you would likely face after a trial loss.
- Ask about side effects: immigration, housing, jobs, licenses, benefits.
Your lawyer must tell you about every formal plea offer. Our plea bargain guide covers the questions in detail.
If you cannot reach your lawyer
- Call the office and ask for the supervising attorney.
- Write down the dates you called and what you asked.
- Tell the judge at your next hearing that you have not been able to talk with your lawyer.
If you want a different lawyer
- Explain the problem to your lawyer first, in writing if you can.
- If that fails, ask the court to appoint new counsel and explain why.
- Ask how your court handles requests for a different appointed lawyer.
General information, not legal advice. Procedures differ by state and county.
Common questions
Is a public defender a real lawyer?
Yes. A public defender is a lawyer paid with public money to represent people who cannot afford one. In federal court, for example, a federal public defender office is made up of full-time salaried attorneys.
How do I get a public defender?
Ask for one at your first court appearance, and say clearly that you cannot afford a lawyer. The court looks into your finances and decides whether you qualify; federal law, for example, has the judge appoint a lawyer after an “appropriate inquiry” shows you cannot pay. The right to a lawyer attaches at that first appearance, so if you are in jail, tell the judge right away that you want one.
Is a public defender free?
Not always. In a July 2022 review of state laws, 42 states and D.C. allowed courts to charge people for the cost of their appointed lawyer, and 18 states allowed an upfront fee to apply. Many states let courts reduce or waive the upfront fee, but some, such as North Carolina and Florida, do not, so ask about fees when you apply.
Are public defenders as good as private lawyers?
In Bureau of Justice Statistics data from the 1990s, people with public and private lawyers were convicted at about the same rates. A study of Philadelphia murder cases found full-time public defenders got better results than private lawyers appointed by the court. Workload matters too: a 2023 RAND study found the 1973 national caseload limits outdated and at risk of creating excessive workloads, and set new standards by the hours each kind of case takes.
Do I get a public defender for a misdemeanor?
Yes, if the case ends in a jail sentence, even a suspended one. The Supreme Court held in 1972 that no one may be jailed for a misdemeanor without a lawyer unless they waive one, and in 2002 extended that to suspended sentences. If you are only fined, the Constitution does not require one.
Can I get a public defender for a civil case?
Usually not. The 6th Amendment right to a lawyer covers “criminal prosecutions.” Legal aid organizations, many funded by the federal Legal Services Corporation, give free help to people with low incomes in civil matters such as custody, benefits and housing.
What You Can Do
- Ask for a lawyer early and in plain words. “I want a lawyer. I cannot afford one.” Say it to police and to the judge.
- Read the plea bargain guide before you accept any deal, and bring its questions to your lawyer.
- Find your state’s public defense agency. Your county court’s website or clerk’s office can tell you who provides appointed lawyers and how to apply.
- Ask your state legislators to fund public defense to the 2023 standards, and to repeal fees for appointed lawyers. Our letter-writing guide shows how.
- Serve on a jury if you are called. Trials are rare, and juries are part of the check the 6th Amendment built in.