The Sixth Amendment to the United States Constitution guarantees people who have been charged with a crime, “criminal defendants” or just “defendants” in legal terminology, the “assistance of counsel.” The phrase “assistance of counsel” means that a criminal defendant has a right to be represented by an attorney.
The Sixth Amendment has been interpreted to mean that a criminal defendant who cannot afford to pay for their own legal representation must be provided with an attorney appointed by the court and paid for by the government.
The defendant must be at risk of being sentenced to a term of imprisonment in jail or prison as punishment if they are convicted of the crime with which they are charged. If they are charged with a crime that cannot be punished by imprisonment for some length of time, they would not be entitled to have an attorney at government expense.
The Sixth Amendment is the law in Florida and in every other state as well. Generally, a court-appointed lawyer for an indigent defendant is a “public defender,” an attorney who is an employee of the government agency that has a staff of attorneys who represent indigent defendants Or, they may be attorneys in private practice who are approved to serve as court-appointed criminal defense attorneys for a set fee paid by the local government.
After a defendant is arrested and charged with a crime, the defendant appears at a hearing in court before a judge that is known as an “arraignment.” It is at this first court hearing that a defendant would be getting a court-appointed attorney. They would want to ask the court for an attorney if an attorney has not already been appointed to represent them. The court would determine whether the defendant is entitled to a court-appointed public defender and then appoint one.
A legal consultation in Florida with a Florida lawyer would help a person understand how the public defender system operates in that state.
How Do I Qualify for a Court-Appointed Attorney in Florida?
In Florida, an individual must meet certain requirements specified in Florida law to qualify for state-funded legal representation. The requirements are based on an individual’s financial situation as follows:
- A person’s income must be equal to or below 200% of the federal poverty guidelines, or they must receive public assistance such as Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), or food stamps.
The federal poverty limit depends on the number of people in a household. If a person lives alone, $14,650 is the income limit for poverty. This means that a person who makes more than $14,650.00 is not living in poverty as the federal government defines it. For a 2-person household, the limit is $21,150. For a 3-person household, the poverty limit is $26,650.
A defendant can have an income that is 2 times the federal poverty guideline for a person of their family size or less and still qualify for a court-appointed criminal defense attorney in Florida.
- A defendant must complete and submit an “affidavit of indigency.” This is reviewed by the court clerk. The affidavit asks for detailed information about a person’s income, assets, debts and dependents. If a defendant’s application is denied, they may ask for a hearing with a judge who would make the final determination.
There is a presumption that the defendant is not indigent if they own or have equity in any intangible or tangible personal property or real property having a value of $2,500 or more. This value would exclude the value of the person’s homestead and one vehicle with a value of not more than $5,000.
What Is Partial Indigency?
Partial indigent status is the status an individual has that allows them to receive some financial aid for their attorney’s fees and costs if they can afford to pay some of the cost but not the full amount.
The requirements for partial indigent status in Florida are as follows:
- Defendants must show that they have a limited income and few assets. They have to complete and submit a financial affidavit which is reviewed by the court. The court then determines whether the individual qualifies for partial indigent status. Individuals may be considered partially indigent if their income is above the threshold for full indigency but still below a level that allows them to comfortably pay for legal representation, which can be expensive.
The specific income limits may vary by county in Florida and are often based on federal poverty guidelines.
- The court applies specific guidelines in assessing the financial needs of the individual.
It is important to understand that a person with partial indigent status does not entitle a person to public payment of all their legal expenses. The individual may still have to cover some of the costs of their legal representation. However, they could get some financial assistance.
Find My Lawyer Now!
Do I Always Need to Keep My Court-Appointed Attorney?
Generally, a criminal defendant wants to keep their court-appointed attorney. An attorney is a professional who knows how to defend a person who has been charged with a criminal offense or criminal offenses. It is never a good choice for a criminal defendant to represent themselves in court.
A defendant who is not satisfied with their lawyer should first discuss their issues with the lawyer. A defendant should not be afraid to openly state the source of their dissatisfaction and what they would like to get from their lawyer. A frank conversation may be enough to solve any problems in the attorney-client relationship.
If a discussion with the attorney does not solve the problem, the defendant should express their concerns to their public defender’s supervising attorney. In the rare case, the supervisor may assign a different public defender. The supervisor could do this without court permission.
However, it pays to understand that a court may not give a new attorney extra time to become familiar with the case and prepare for trial. A person wants to think about whether the potential negative effects of changing lawyers is worth the possible costs of making the switch.
If the public defender’s supervising attorney does not agree to assign a new attorney to the case, the defendant may ask for a hearing before a judge to seek a new attorney. A defendant may ask for the hearing themselves. Or they ask their current attorney to request it and the attorney is legally obligated to ask for the hearing.
At the hearing, the defendant would explain the reasons for their dissatisfaction with their current attorney and ask the court to appoint a new one. It would be up to the court to decide whether or not to appoint a new attorney.
What Other Rights Do Criminal Defendants Have?
Criminal defendants have a right to a speedy trial, although they often waive this right, on the advice of their attorney, because they want more time to prepare their case. Criminal defendants also have a right to a trial by a jury of their peers.
This means that a defendant can insist on having a trial of the charge or charges against them. They may also waive this right and get a trial by a judge who would make the ultimate decision as to their guilt or innocence.
At a trial, the prosecutor must prove the truth of the charges against the defendant beyond a reasonable doubt.
At their trial, a defendant has a right to confront and cross-examine any and all witnesses against them. At a trial, a prosecutor would call witnesses to testify about events involved in the alleged criminal event, and the defendant’s attorney may question these witnesses and challenge the value of their testimony.
Of course, the defendant could also present witnesses of their own, e.g., an alibi witness who would testify that the defendant could not have perpetrated the crime because they were far away in a different place at the time of the offense.
A defendant should seek to be represented by an attorney in their criminal case. Special rules about police conduct and how they can collect evidence of a crime are at play and give a defendant some special opportunities to exclude evidence if the police collected it in violation of any rules.
Should I Hire My Own Attorney for Criminal Matters?
If a criminal defendant can afford to hire their own attorney to defend them, then they want to promptly consult a Florida criminal defense lawyer about their options.
LegalMatch can quickly connect a person who has been charged with a crime to an experienced attorney who can explain how they can represent the person or whether they need to request a court-appointed attorney. In either case, a criminal defendant is going to get the best result if they are represented by an experienced lawyer.
