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In the United States, a public defender is a lawyer appointed by the courts and provided by the state or federal governments to represent and advise those who cannot afford to hire a private attorney.
The Public Defender's Office is responsible for providing legal defense (at all stages of the proceedings) for any person who is not financially able to employ counsel and who is charged with any contempt or offense triable in the superior or municipal court.
In Indiana, if a court finds that you cannot afford to hire an attorney, one should be appointed for you in the following case types: Adults or juveniles charged as adults who have been arrested for a criminal offense (a misdemeanor or a felony) Juveniles (under 18) with an active juvenile delinquency case pending.
In Gideon v. Wainwright (1963), the Supreme Court ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves. The case began with the 1961 arrest of Clarence Earl Gideon.
A public defender represents people who are facing criminal charges in these difficult circumstances. The public defender's office is meant to ensure that no defendant is denied their right to an attorney, which is provided under the Sixth Amendment to the Constitution.
The Sixth Amendment to the US Constitution, as interpreted by the Supreme Court, requires the US government to provide legal counsel to indigent defendants in criminal cases. Public defenders in the United States are lawyers employed by or under contract with county, state or federal governments.
The public defender may decline services if you appear to have the ability to retain your own lawyer. The seriousness of the charges, and the availability of cash resources to hire a lawyer, will determine whether a defendant qualifies for a public defender.
These public defender offices handle the largest proportion of indigent defense cases of the three major indigent defense delivery systems: public defender offices, assigned counsel systems, and contract attorney systems.