{"id":352232,"date":"2023-12-02T17:47:58","date_gmt":"2023-12-02T22:47:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-legal-help\/public-defenders-by-state.html"},"modified":"2023-12-02T17:47:58","modified_gmt":"2023-12-02T22:47:58","slug":"public-defenders-by-state","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-legal-help\/public-defenders-by-state.html","title":{"rendered":"Public Defenders: State Directory"},"content":{"rendered":"\n
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Public Defenders: State Directory<\/h1>\n
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\n By Lisa Burden, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Public defenders play a vital role in the U.S. criminal justice system. They provide legal representation to defendants needing help with criminal charges, potentially influencing their criminal record. Every state has a guide that lists its public defenders.<\/p>\n\n <\/div>\n\n

Everyone has the right to legal counsel in certain criminal law matters. But not everyone has the means to pay. A public defender is a lawyer appointed by the courts and provided by the state or federal government to represent defendants who cannot afford to hire a private attorney. Public defenders represent defendants at every stage, from the first court date (the arraignment<\/a>) through plea bargains and appeals<\/a>.<\/p>\r\n

This article covers when a person has the right to an attorney and how they can get a public defender appointed to help them.<\/p>\r\n

The Right to Legal Counsel<\/h2>\r\n

The right to legal counsel was established in the landmark 1963 Supreme Court case Gideon v. Wainwright<\/i><\/a>, which built upon the 1932 case Powell v. Alabama<\/i><\/a>.<\/p>\r\n

In Powell<\/i>, the Court ruled that in capital cases where defendants couldn’t afford counsel and were incapable of an adequate defense, it was the trial court’s duty to appoint attorneys for them. Failure to do so, the court said, violated the defendant’s right to due process under the 14th Amendment. The case established that states must provide legal counsel to indigent defendants facing the death penalty.<\/p>\r\n

Three decades later, Gideon v. Wainwright<\/i> affirmed that the Sixth Amendment’s guarantee of counsel<\/a> applies to defendants in state criminal courts through the due process clause<\/a> of the 14th Amendment. The 6th Amendment states, "In all criminal prosecutions, the accused shall enjoy the right…to have the Assistance of Counsel for his defense."<\/p>\r\n

Gideon<\/i> established the right to appoint counsel for indigent defendants charged with felony cases\u2014not just capital cases. Before Gideon<\/i>, many states did not provide attorneys for those unable to afford them. But Gideon<\/i> affirmed that legal counsel is a fundamental right, even if a defendant cannot pay.<\/p>\r\n

The court later broadened the entitlement to legal representation to encompass state-level misdemeanors<\/a> with a significant likelihood of incarceration, often for a duration of a year or more.<\/p>\r\n

The Sixth Amendment’s right to counsel is for criminal cases only. It’s not for civil cases or charges that do not carry a risk of imprisonment.<\/p>\r\n

Public Defender Offices<\/h2>\r\n

Public defender offices were established nationwide to fulfill the constitutional duty to defend indigent defendants set forth in these U.S. Supreme Court rulings. States began hiring public defenders and attorney’s offices to provide legal representation for indigent defendants. The government employs public defenders and assistant public defenders. States and localities use these methods of delivering indigent defense services<\/a>.<\/p>\r\n

There are county, state, and federal public defenders. County and state public defenders typically handle a caseload of various types of cases, ranging from misdemeanors to felony criminal cases. Federal public defenders represent defendants accused of federal crimes.<\/p>\r\n

Public defender offices generally have a staff of assistant public defenders, paralegals, investigators, and other support staff.<\/p>\r\n

Some jurisdictions hire private counsel to provide indigent legal representation:<\/p>\r\n