Pennsylvania Public Defender Case
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FAQ
To qualify for a public defender, an adult defendant must meet income requirements. Our office considers the US Federal Poverty Guidelines, household income, and the nature of the charges when determining whether an adult defendant qualifies for representation.
Our report generated in response to House Resolution 2019-619 (HR 2019-619) reaffirmed that indigent criminal defense is primarily a county- based responsibility and funding generally continues to be provided at the county level in the Commonwealth of Pennsylvania.
A public defender will be appointed if it is determined that one qualifies for service and is charged with a felony or a misdemeanor; a summary offense for which the Magisterial District Judge has indicated that incarceration may be imposed; contempt of court; or a summary offense that carries a mandatory sentence of ...
Financial Eligibility Guidelines 2023 Household SizeMonthly IncomeAnnual Income1$1,519$18,2252$2,054$24,6503$2,590$31,0754$3,125$37,5004 more rows
The right to counsel does not apply to certain post-conviction criminal law judicial proceedings. In general, the defendant has the right to counsel at sentencing, at the first appeal of right (in some states), and in capital cases, where a review of the effective assistance of counsel is necessary.
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.
A person charged with an infraction does not have a right to a court-appointed lawyer or a jury trial.
