29 Jul “If You Cannot Afford an Attorney, One Will Be Appointed for You” What Your Miranda Rights Mean
The Sixth Amendment guarantees your right to an attorney if you ever get arrested for a crime. A defense attorney is there to help you fight those criminal charges and avoid a conviction if possible.
If you cannot afford an attorney, the court will appoint one for you. This right is also guaranteed by the law. However, it is important to remember that even if you cannot afford a lawyer, you might still have to pay a fee.
How Do Arizona Courts Assign Public Defenders?
A defense attorney does not just appear at your side once you ask for a lawyer. You are not entitled to an attorney until you are formally charged, and even then, the process is not instantaneous.
Once you ask for an attorney law enforcement should stop their questioning and, if you are being charged, hold you in custody until your first court appearance. Before you stand in front of the judge, you will have the opportunity to consult a lawyer.
If you do not have a lawyer, a public defender will be assigned to your case. The lawyer will be from either the Public Defender’s Office, the Legal Defender’s Office, the Office of the Legal Advocates, or the Office of Public Defense Services.
Do You Have to Pay for a Court-Appointed Attorney?
Not always. If you cannot afford a lawyer, you will have to fill out a financial affidavit to prove it. The court will consider your income, assets, and expenses to determine if you qualify for a public defender, and how much you would need to pay toward your defense. (The minimum fee is $25.)
If you are proven innocent or the judge dismisses your case, you won’t have to pay any fees. But if you plead guilty or you are convicted, the public defender fees will be added to the final court costs.
Should I Go With My Assigned Attorney?
Legal representation is always a good idea in cases where the prosecution is pushing for incarceration (jail or prison time). You have the right to defend yourself, but a lawyer will better know how to defend your actions and how to negotiate with the prosecution if they offer a plea bargain.
Unfortunately, getting assigned a public defender is a “luck of the draw” situation. There is no way to choose a public defender that has experience with cases like yours. Many public defenders have large caseloads and limited time to meet with their clients. This makes some people fear they are not getting the best defense possible.
So if you have to pay for a public defender anyway, you might prefer to hire your own lawyer. That way you can choose an attorney who has more experience with similar cases and more time to devote to your defense.
Todd Coolidge Is a Criminal Defense Attorney You Can Count On
Todd Coolidge and his team of certified defense attorneys will defend your rights and make sure you are treated fairly by the justice system. We are committed to giving every client the time and attention it takes to secure the best possible outcome. We can’t guarantee the results, but we can guarantee our work. If you are facing criminal charges in Maricopa county, contact us to schedule a free consultation.
Photo by Emily Dill Strock on Unsplash used with permission under the Creative Commons license for commercial use 7/28/26.