How Do I Know if I Qualify for a Public Defender?
Mar 31, 2017 
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)