Make a proposal based on what you can afford to pay and are willing to offer. If your lawyer understands your financial situation and/or your income is low, they may agree to accept your case. Otherwise, consult with other local attorneys that charge a more affordable fee.
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7 Great Alternatives For When You Can't Afford An Attorney
lawyers!
Unfortunately, Davis’s circumstances are far from unique. Many lower-income people have no lawyer to help them navigate the legal system, either in civil or criminal cases. Eighty percent of state criminal defendants cannot afford to pay for a lawyer, and only those who are actually incarcerated are constitutionally entitled to appointed counsel.
If, based on your financial information, the judge states that you do not qualify, and you return to court after talking with some attorneys and tell the judge you could not afford to hire anyone, the judge will sometimes, at that point, grant you a public defender.
Explain to the judge using balance sheets and cash flow how you advance above the threshold for public defender and yet below a threshold level of non-affordability. You may want to fill out the schedules for a chapter 7 bankruptcy to help your organize your showing to the judge.
How do you know whether you qualify for the public defender? Have you already applied and been rejected? If it's the first court appearance, tell the judge that you would like to have the public defender appointed. The court will probably have you fill out a financial declaration...
Relevant recent experience: Not only should a lawyer have experience in the type of law relevant to your case, but recent trial experience practicing it in court.
They can better leverage resources: Private attorneys can hire and make use of resources like expert witnesses and private investigators. This will give you a leg up and help develop a better defense.
The largest disadvantage of public defenders is the reality that they are overworked. While the system in theory works great, budgets are tight and there are a lot of people in need of a public defender. Even in the most skilled criminal defense attorney will have difficulty balancing the needs and nuances of their entire portfolio of cases.
Better communication: The lighter case load will lead to better communication from your attorney. Most reputable private criminal defense attorneys will have the time to answer your phone calls and promptly answer your emails. They’ll have a lot more focus on your case and will be able to know the particulars of your case deeply.
When you first appear in court and are arraigned on your charges, you will be given an opportunity to request from the judge a court appointed attorney.
In the United States, all criminal defendants have the right to an attorney. It’s right there in the Sixth Amendment to the US Constitution.
More experience: Although not always the case, most criminal defense attorneys will have more specialized experience. This is particularly important if you’re not planning on pleading out and will be fighting for your innocence.