Defendants accused of a criminal offense have the right to representation by a lawyer, and in some countries, they can receive an indigent defense if they cannot afford an attorney. The eligibility for indigent defense is determined by the court, and public defenders may represent the defendant. The right to an indigent defense may extend to the appellate process. However, the public defender system receives criticism for being overworked and having fewer resources than private law firms.
In many countries around the world, a person accused of a criminal offense is entitled to representation by a lawyer. In addition to the right to representation, many jurisdictions also offer the defendant the right to representation if they cannot afford to hire an attorney. When a person is represented by a lawyer in this way, it is referred to as an indigent defense. A defendant who receives an indigent defense is represented by a licensed attorney and should receive the same defense as a defendant who retains and pays private attorney.
Many nations around the world grant defendants the right to representation at state expense if the defendant is found to be destitute. In some countries, such as France and other European countries, the court will appoint a private lawyer to represent the accused at state expense if the accused is found to be destitute. In other countries, such as the United States and Brazil, there is a separate agency that deals with the defense of the poor. Lawyers who work for a separate agency are often referred to as public defenders. In both systems, the attorney appointed to represent the defendant is a licensed attorney.
To be eligible for an indigent defense, the defendant must first apply to be considered indigent. Courts will differ as to how they determine that a defendant is destitute; however, in most cases, the court will question the defendant, under oath, about his finances. The defendant may also be required to present proof of his inability to afford the services of a private attorney. If the court is satisfied that the defendant cannot afford a lawyer, then the court will provide an indigent defense for the defendant.
The right to an indigent defense may extend to the appellate process or may end at the conclusion of the trial in a criminal case. In the United States, a defendant is entitled to the services of a public defender through the initial appeal if he is convicted. The same lawyer, however, will not represent the defendant both in judgment and on appeal. The reason for this is that appeals are a highly specialized area of law and are best handled by lawyers who do nothing more than prepare and argue appeals.
Although the indigent defense concept states that the defendant will receive the same defense as someone who pays for a private attorney, the public defender system receives a significant amount of criticism. In reality, public defenders are often overworked and don’t have the same resources as a private law firm. On the other hand, public defenders are often much more experienced than many private criminal lawyers in that they handle nothing but criminal cases, many of which actually go to trial.
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