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Legal representation is essential for those accused of crimes, but can be costly. Many countries provide criminal legal aid, often in the form of a public defender. Legal aid societies and pro bono attorneys also offer free legal aid to low-income defendants, including appeals.
When a person is accused of committing a crime, legal representation is generally considered essential, but it can also be costly. The indigent and low-income individuals often find it difficult to procure criminal defense attorneys. Most common law countries recognize the right to legal representation, which in most cases means that the government will provide lawyers for defendants who could not afford to hire their own. This is known as criminal legal aid. Sometimes, governments maintain their own staff of criminal defense attorneys, while other times they recruit the services of a criminal legal aid firm.
The United States, Canada, Australia and the United Kingdom are among the countries with mutual legal assistance programs in place. In these countries, the right to legal representation or assistance is considered a right of all criminal defendants. If a person accused of a crime cannot afford to defend himself, the government will provide free legal services so that his rights are not violated. Few countries in continental Europe guarantee similar rights.
Government-provided criminal legal aid typically comes in the form of a public defender. Public defenders are government attorneys who are assigned by the court to work with criminal defendants who otherwise would not have a lawyer. Defendants typically have no say in choosing their public defender. More often than not, public defenders are assigned to cases based on their availability, not necessarily their expertise. All public defenders are skilled in criminal defense, but typically have skills honed for the broadest range of crimes, in contrast to private attorneys who specialize in certain types of defense.
Most communities have organizations known as criminal legal aid societies or criminal legal aid groups that offer counseling and legal aid services to people accused of crimes. These groups are usually made up of volunteer or pro bono attorneys. Sometimes, governments will refer low-income defendants to the services of a criminal legal aid firm. In these cases, the government will pay the company for defense services. More often than not, these services are still considered pro bono criminal defense services, as the money is paid not to the attorney personally, but to the non-profit corporation.
In addition to working with the government to provide initial defenses, much of the work of legal aid firms is to provide free legal aid to those who have already been convicted of crimes. Criminal law in most places allows convicted criminals the right to an appeal, but legal representation is not always guaranteed beyond the initial trial. A defendant who believes that he or she has been wrongfully convicted may seek the assistance of a pro bono attorney in filing an appeal, seeking a new trial, or seeking a reduction of charges.
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