I Qualify for a Public Defender, but I’m Not Sure If I Want to Use One
Apr 05, 2017 
Some people qualify for a public defender, but still hire a private attorney. (Keep in mind, there are low-cost options available if you qualify).
Cost vs. Quality
Public defenders carry a heavy workload. That’s why some people worry a public defender won’t be able to give them the attention they think they need. How much time a public defender can spend on your case depends on what court your case is in. If possible, ask friends, family, and neighbors if they know the public defender office you may be working with. (Read more…)
How Do I Know if I Qualify for a Public Defender?
No matter what Utah court your case is in, you will have the opportunity to have a public defender represent you in court.
To find out if you qualify, you must first appear in court
Look over your ticket or paperwork notifying you of charges for information on which court you need to go to. Have no idea? No worries. Look here to find contact information for Utah courts. Call and ask when you need to be there.
At the court, you will be asked to fill out paperwork to determine if you qualify for a public defender. The paper asks about your household income and expenses. In some courts, the bailiff may ask you to fill the form out before appearing in front of the judge. In others, you’ll talk to the judge first, then do the paperwork. If you aren’t sure what to do, ask a clerk at the courthouse.
How the court decides if you qualify for a public defender
Utah determines your eligibility for a public defender based on 77-32-202 of the Utah Code. That law defines you as “indigent” if you wouldn’t be able to pay for an attorney without sacrificing necessary things like “food, shelter, clothing, and other necessities.” If you are “indigent,” then the court assigns a public defender.
If you qualify for a public defender
You will likely be asked to come back to court on a date when the public defender will be there to talk with you. If you want to contact your public defender, ask the court clerk. The date might not be very flexible. Many courts go through all the public defenders’ cases on an assigned day. Some of the bigger courts may have a public defender available every day.
Keep in mind: a public defender may not be 100% free. The State of Utah authorizes courts to impose a “recoupment fee” for some of the costs of hiring the public defender. This usually ends up somewhere between $50 and $200, depending on the court and the judge. The judge includes this as part of the fine you owe the court and can be paid in your payments.
Do I Need A Lawyer?
When Should I Represent Myself in a Criminal Case?
Self-help Resources:
Utah State Bar Free Legal Clinics
Utah Courts homepage (great self-help section)
When Should I Represent Myself in a Criminal Case?
Even lawyers don’t represent themselves. Recently, the former Attorney General for the State of Utah had lawyers represent him at trial.
Would you trust your electrician to perform heart surgery? Probably not…no matter how many episodes of Grey’s Anatomy he’s watched.
Chances are that you are not an attorney and you did not attend law school, so you’re not trained to examine fact patterns and deal with the judicial process.
But you’ve watched Law & Order for ten years and feel like you’ve got the hang of it…
I like Law & Order too, but are you sure you know the difference between Class A, B, and C Misdemeanors without using Google? Do you know how to file necessary forms and paperwork? Do you know where to find those forms?
If you don’t want the expense of hiring a private attorney, ask the court to appoint a public defender. You need someone trained and experienced to help you through the court system.
Representing Yourself In Court
Can I Negotiate My Own Plea Deal?
More legal self-help:
Benefits of Hiring a Private Attorney as Opposed to Retaining a Public Lawyer
Utah Modest Means Service
Also:
Contact Shawn Condie Law Firm, PLLC
Can I Negotiate My Own Plea Deal?
Can I Negotiate My Own Plea Deal?
It’s possible, but not advisable.
People sometimes feel that they can negotiate a plea deal on their own. In reality, the only leverage that they may have against a prosecutor is the threat to take their case to trial. Other than crowding the prosecutor and the court’s otherwise busy schedule, there is no real threat to them losing the case. Obviously it depends on the case, but a pro se defendant has almost no chance of reducing charges with a professional prosecutor.
You don’t want to incriminate yourself in any statements you make to the prosecutor. Plea deal negotiations often include exchanges of hypothetical and potential alternatives to the facts written in the police report. If you were to be apart of those negotiations you may involuntarily give the prosecutor information that will strengthen his case against you.
If the prosecutor is a nice, friendly person, you may want to explain your situation in hopes that they will dismiss your case or reduce your charges. Keep in mind: it’s the prosecutors job to enforce the law. In other words, even though a prosecutor may see that you are in an unfair situation, they need to pursue the conviction. This means it’s unlikely the prosecutor will dismiss your case.
FAQs
Representing Yourself In Court
Will I Save Money by Representing Myself?
You might. But that often means taking a “guilty” plea in order to close the case as quickly as possible. Another concern is that you will likely pay more in fines to the court than you would if an attorney represented you.
Pleading guilty to a crime may seem like the easiest way out of an intimidating situation. If you’ve never been to court before, you probably don’t know how the system works. A ticket or charges may seem like a big thing sitting on your “to-do” list. It’s tempting to think you can minimize the time spent resolving the problem if you just take care of it yourself. Keep in mind: pleading guilty without an attorney‘s help means you also lose valuable opportunity to investigate and work with the prosecutor to reduce charges and/or fines.
If you’re unfamiliar with the court system, you will probably be surprised by the amount of fines that can be imposed by a court. For example, a DUI charge may suspend a license, require an ignition interlock, etc. An attorney may be able to work with a prosecutor to lower the charge so it won’t carry these other unforeseeable consequences. If fines are too much for your pocketbook, an attorney can talk to the court about community service instead of fees, or arrange a payment plan.
Sometimes it may not be worth the expense of hiring an attorney to take care of your case. Keep in mind: you may not be able to recognize that without first speaking to an attorney. Look for an attorney willing to explain what aspects of the case you should or shouldn’t do. Many lawyers offer free consultations (usually 15-30 minutes).
Don’t plead guilty to a crime without talking to an attorney. Call Condie Law today: 801-690-7707
FAQs:
Resources:
- Utah State Bar tips on finding an attorney
- LicensedLawyer.org – a free referral program run by the Utah State Bar
If I Get Advice From a Lawyer Can I Represent Myself?
Representing Yourself Based on Free Advice
Many people feel that if they can get an attorney to give them a free consultation, then they’ll know enough about the law to handle their case on their own. The problem is that a thirty minute conversation won’t tell you need everything you need to know about your case. Some attorneys will tell you just enough to make you want to hire them. Others may be hesitant to give information because they don’t want to be responsible for giving you bad legal advise.
Recently, I spoke with a man about his traffic citation. He wanted to hire me, but chose to represent himself and was able to get a decent offer from the prosecutor that avoided points going on his license. In some cases, like this man’s, the advice of an attorney may be helpful. But for most people, going into a Pre-Trial Conference with only brief advice from an attorney can lead to increased trouble.
Do I Need A Lawyer?
Will I Save Money by Representing Myself?
Do I Need a Lawyer to Represent Me in My Case?
Deciding If You Need a Lawyer
In Utah, it has been estimated that more than 60% of all criminal defendants charged with misdemeanor offenses are not represented by an attorney. This is a crazy statistic if you think about it. As an attorney, I still wouldn’t represent myself in a criminal case – even a simple misdemeanor. If you don’t qualify for a public defender, and even if you do, it may be in your best interest to hire an attorney to represent you.
Recently I heard one Justice Court judge advise the defendants in his courtroom that they should all be represented by an attorney. He compared it to going on an African safari without a guide. Obviously, that can be a very dangerous situation.
Courtrooms are unfamiliar places to most people. Unfortunately, what we see on popular tv shows doesn’t show how court really works. Having an attorney represent you, even in “simple” cases, is strongly advisable.
Will I Save Money by Representing Myself?
If I Get Advice From a Lawyer Can I Represent Myself?
Can I Negotiate My Own Plea Deal?