Florida Public Defender Case
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How to fill out Public Defender Case?
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FAQ
(1) Counsel shall be appointed to represent any individual in a criminal or civil proceeding entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law. The court shall appoint a public defender to represent indigent persons as authorized in s. 27.51.
Section 27.40, Florida Statutes, requires the Chief Judge to compile and maintain a registry of attorneys available for appointment in specific cases when a conflict of interest arises. The registry is to include qualified and experienced attorneys compiled by county and by category of cases.
A Public Defender cannot represent you until the court appoints one to your case. Defendants must apply and qualify for the services of the Public Defender's Office. How do I qualify for a Public Defender? You need to fill out an Affidavit of Insolvency which you get from the Clerk of Court or a Public Defender office.
As defined in Florida law, a judge can appoint the public defender to represent a person who has income that is equal to or less than 200 percent of the current federal poverty guidelines or is unable to pay for the services of a private attorney without significant hardship to his or her family.
There is a $50 non-refundable fee to apply for a public defender to represent you, but you cannot be denied representation if you don't have the money.
Will I have to pay for my public defender? The law requires a $50 fee for appointment of a public defender. If this fee is not paid initially it will be assessed at the conclusion of the case. There also may be fees assessed for your lawyer as well as prosecution costs and court costs if you are found guilty.
There is a public defender in each of Florida's 20 judicial circuits. A public defender is appointed to represent the defendant by the presiding judge once it has been determined that the individual cannot afford legal counsel. Public defenders are elected in each circuit for a four year term.
