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Asking for a public defender

If you are facing criminal charges and cannot afford a lawyer, the Constitution gives you the right to one at no cost. Here is how the right works, who to ask, and where to start in your state.

When the right attaches

  • Criminal cases. Under Gideon v. Wainwright (1963) and Argersinger v. Hamlin (1972), if you are charged with a crime that could result in jail time and you cannot afford a lawyer, the court must appoint one for free.
  • Most civil cases. Eviction, custody, consumer debt, immigration: there is generally no constitutional right to appointed counsel. Civil legal-aid organizations exist for exactly this gap. Each state below also lists civil legal aid you can call.
  • Ask early. At your first court appearance (arraignment, presentment, or initial hearing), tell the judge in plain words: “I cannot afford an attorney and I am asking for court-appointed counsel.” That is the magic sentence. The court will hand you a financial affidavit.
  • Tell the truth on the affidavit. Income, assets, dependents, expenses. Most states allow appointment if your income is at or near the federal poverty line. Some states are stricter, some more generous; the form will say.
  • Do not skip your court date. Even if you do not have a lawyer yet, show up. Tell the court you are still trying to get appointed counsel. A bench warrant is the worst outcome.

If you are in custody right now

  • You can ask the police or jail staff to call your local public defender. In many cities the PD has a 24/7 hotline.
  • You have the right to remain silent and the right to a lawyer before answering questions. You can say: “I want a lawyer. I will not answer questions until I have one.” Then stop talking.
  • If you are a U.S. citizen, you do not have to discuss immigration. If you are not, ask for a lawyer before answering immigration questions.

State directory

Find the right office

Every state · alphabetical

Public defender offices, state by state.

Each state below lists the primary public-defender office (for criminal cases) and the main civil legal-aid organizations (for eviction, custody, debt, and similar non-criminal matters where no right to appointed counsel attaches). Phone numbers and URLs are the current public contact points; please verify on the office’s site before relying.

Michigan

Michigan Indigent Defense Commission (MIDC) + County Offices

Michigan funds public defense through the MIDC at the state level; trial defense is delivered by county systems that meet MIDC standards.

Public defender office →

Civil legal aid

Nebraska

County Public Defender Offices + Nebraska Commission on Public Advocacy

Nebraska public defense is county-organized; the Commission on Public Advocacy handles capital, conflict, violent-felony, and DUI appeals.

Public defender office →

Civil legal aid

Virginia

Virginia Indigent Defense Commission

Virginia has a state Commission with PD offices in some jurisdictions; others use court-appointed counsel from a roster.

Public defender office →

Civil legal aid

Wisconsin

Wisconsin State Public Defender

Wisconsin has a unified state Public Defender. Notable: Wisconsin uses one of the strictest indigency standards in the country (115% of federal poverty), so many low-income people are denied SPD - request court-appointed counsel as a fallback.

Public defender office →

Civil legal aid

After you have a lawyer

A clean case file makes their first ten minutes count.

Public defenders are stretched thin. Show up with a one-page timeline, your exhibits numbered, and the questions you want answered. We will help you put it together.

Start a case fileWhere to file exhibits