Public Defender
A lawyer provided by the government at no cost to represent people who cannot afford to hire their own attorney in criminal cases.
A public defender is a licensed attorney employed or appointed by the government to represent people in criminal cases who cannot afford to hire their own lawyer. The U.S. Constitution and the Minnesota Constitution guarantee the right to an attorney in criminal cases. If you cannot afford one, the court will appoint a public defender for you.
In Minnesota, you must apply for a public defender and show that you meet the financial eligibility requirements. Public defenders are fully trained attorneys who handle all types of criminal cases, from misdemeanors to serious felonies. They have the same duties and ethical obligations as private attorneys, including the duty to provide competent representation and maintain client confidentiality.
Why it matters: Having a lawyer in a criminal case makes a significant difference in the outcome. Public defenders know the law, the court system, and the prosecutors, and they can negotiate on your behalf, identify legal issues, and protect your rights throughout the case.
Example: A person arrested for a DWI tells the judge at their first court appearance that they cannot afford an attorney. The court directs them to the public defender’s office, where they apply and are assigned a public defender to represent them throughout their case.
Criminal cases, arraignment hearings, juvenile court, situations where a person cannot afford a lawyer