Illinois Public Defender Case
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FAQ
To establish a claim of ineffective assistance of counsel, a defendant must show that (1) counsel's performance fell below an objective standard of reasonableness, and (2) there exists a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.
Public defenders are appointed by the court. If you are charged with a crime and cannot afford to hire an attorney, ask the court to appoint a public defender at your first appearance before a judge. You may be asked to complete a certificate of assets to determine eligibility.
Yes. In Illinois, in order to have the Public defender represent you, your yearly income must be below the Federal Poverty Guidelines. You will sign an affidavit informing the court of your assets and income.
Powers and duties of State Appellate Defender. (a) The State Appellate Defender shall represent indigent persons on appeal in criminal and delinquent minor proceedings, when appointed to do so by a court under a Supreme Court Rule or law of this State.
The Public Defender of Cook County is Sharone R. Mitchell, Jr. The attorneys in the office work as his assistants.
A public defender's caseload is often very different from a private attorney's. They don't have the same freedom to refuse a case because their casework is assigned by the state. However, certain elements may prevent them from being able to handle a case, like a conflict of interest with the client.
Sec. 3-4006. Duties of public defender. The Public Defender, as directed by the court, shall act as attorney, without fee, before any court within any county for all persons who are held in custody or who are charged with the commission of any criminal offense, and who the court finds are unable to employ counsel.
