Selecting an attorney for defending you in a criminal case is a very important decision because only the attorney can ensure a satisfactory resolution. Experienced attorneys can even turn the most adverse cases in your favor and that is the reason why they are so expensive. Individuals facing criminal charges would be willing to spend liberally to absolve themselves of the charges that can have far-reaching consequences in their life. However, not everyone in New Hampshire can afford to appoint an attorney, and they can approach the court to help them with a court-appointed attorney. On being satisfied with the person’s financial limitations in appointing an attorney, the court would assist the person by appointing an attorney whose expenses are borne by the government.
The court-appointed attorneys is like any other attorney that you would have engaged and performs the same tasks as researching laws, arguing the defense case before the court and provide legal advice and assistance to the defendant. Although only those who do not have the financial strength to hire lawyers are eligible to get assistance from the court-appointed attorneys or public defense attorneys, their services are available only if the defendant is facing an offense that can lead to imprisonment.
Binding on the court
Every person has the right to defend oneself in court regardless of their financial capabilities, and it is constitutionally binding on the court to ensure that everyone receives legal assistance. Most criminal case defendants are legally indigent and are unable to hire personal criminal defense lawyers who are quite expensive. The court takes the responsibility of assisting them in defending the case by appointing an attorney whose fees are payable by the government. It is binding on the court to provide an attorney to legally indigent defendants because the law does not allow the prosecution of a person who does not have legal representation.
Expressing the right to an attorney
A defendant in the criminal case can avail the assistance of the court to appoint an attorney to represent their case, but they must make a request to the court for it. Moreover, they must satisfy the court with proper financial documents about their financial inability to hire a personal criminal defense lawyer and only then the court would consider their request. The arrangement for requesting a court appointed attorney begins at the time when the charges are brought against the defendant.
Partial indigency – what is it?
The government has set a cut off mark to determine the financial ability of a defendant that qualifies for a court appointed attorney. Sometimes it happens that some people are unable to hire personal lawyers due to financial constraints but at the same time does not qualify for court appointed attorney as they remain slightly above the cut-off mark. The court considers such persons as partially indigent and appoints an attorney but asks them to reimburse the state a part of the fees payable to the attorney.
To match your exact needs for representing the case, hiring a personal criminal defense lawyer is always better.