Getting a Public Defender in Minnesota

Overview

If you are charged with a crime in Minnesota and cannot afford a lawyer, you have a constitutional right to a public defender. This right comes from the Sixth Amendment to the U.S. Constitution and was affirmed by the U.S. Supreme Court in Gideon v. Wainwright (1963).

Public defenders are licensed attorneys employed by the state of Minnesota. They are paid by the state to represent people who qualify based on income. Minnesota’s public defense system is governed by Minn. Stat. § 611 and run by the Minnesota Board of Public Defense.

You do not need to feel embarrassed about requesting a public defender. They are experienced criminal defense attorneys who handle hundreds of cases. Their job is to protect your rights, just like any private attorney.

Who this guide is for: Anyone facing criminal charges in Minnesota who cannot afford to hire a private attorney and wants to understand how to get a public defender.

Am I Eligible?

Eligibility for a public defender is based on your income and assets. Under Minn. Stat. § 611.17 , you generally qualify if your income is at or below 125% of the federal poverty guidelines.

Here are the basic requirements:

• You are charged with a crime that could result in jail time (this includes misdemeanors, gross misdemeanors, and felonies)
• Your income is low enough to qualify based on federal poverty guidelines
• You cannot afford to hire a private attorney without causing substantial hardship to you or your family
• You are facing a case type that public defenders handle (see below)

Income Guidelines (approximate)

The income limits change each year. As a general reference:

• Single person: approximately $19,000 - $20,000 per year
• Family of two: approximately $25,000 - $27,000 per year
• Family of four: approximately $32,000 - $34,000 per year

What Public Defenders Handle

Public defenders are available for:

• Criminal cases – misdemeanors, gross misdemeanors, and felonies
• Juvenile delinquency cases – when a minor is charged with a crime
• Certain civil commitment proceedings – when the state seeks to involuntarily commit someone for mental health treatment or as a sexually dangerous person
• Some child protection cases – when parents face the termination of their parental rights

What Public Defenders Do NOT Handle

Public defenders are not available for:

• Civil lawsuits (landlord-tenant, debt collection, personal injury)
• Divorce or custody disputes (unless connected to a criminal case)
• Immigration cases
• Traffic tickets that carry only a fine and no jail time
• Probate or estate matters

Step-by-Step Process

Step 1: Determine If You Are Eligible

Before you apply, gather information about your finances:

• Your gross monthly income (before taxes) from all sources – wages, benefits, child support received, disability payments, etc.
• Your household size – how many people depend on your income
• Your monthly expenses – rent, utilities, child support paid, medical bills, other debts
• Your assets – bank accounts, vehicles, property

You do not need to have exact numbers, but the court will ask you to fill out a financial form. Having this information ready will make the process faster.

Tip

If you are currently in jail and have no income, you will almost certainly qualify. Tell the judge at your first court appearance that you need a public defender.

Step 2: Apply at Court

You can request a public defender at any time during your case, but the most common time is at your first court appearance (arraignment). Here is what to expect:

• The judge will ask if you have an attorney
• Tell the judge you cannot afford an attorney and would like to apply for a public defender
• The court will give you an application form to fill out
• The form asks about your income, expenses, assets, and household size
• You must fill out the form honestly and completely – providing false information is a crime

In some courts, you may be able to apply before your first hearing by contacting the public defender’s office in your county directly.

Do not wait until your case is far along to ask for a public defender. Apply as early as possible so your attorney has time to review the evidence and prepare your defense.

Step 3: Complete the Financial Disclosure

After you submit your application, the court will review your financial information to decide if you qualify. Be prepared for the following:

• You may need to provide documents such as pay stubs, tax returns, bank statements, or proof of government benefits
• The court may ask you questions about your finances
• The review usually happens quickly – often at the same hearing where you apply
• If you qualify, the court will appoint a public defender to your case
• If you do not qualify, the court will deny your application and you will need to hire a private attorney or represent yourself

If your financial situation changes during your case (for example, you lose your job), you can reapply for a public defender.

Step 4: Pay the Co-Pay (If Required)

Under Minn. Stat. § 611.17 , most people who are appointed a public defender must pay a co-pay of $75 per case. This is a one-time fee, not a recurring charge.

• The co-pay is much less than the cost of hiring a private attorney
• If you cannot afford the $75, you can ask the court to waive the fee
• The co-pay is typically due at the time of appointment or shortly after
• Failure to pay the co-pay does not mean you lose your public defender, but the court may collect it later

Tip

If paying $75 would be a hardship, tell the judge when you are appointed. Courts regularly waive this fee for people who are in jail, homeless, or have very low income.

Step 5: Work With Your Public Defender

Once a public defender is assigned to your case, they will:

• Review the charges and evidence against you
• Meet with you to discuss the case and hear your side of the story
• Investigate the facts and look for weaknesses in the prosecution’s case
• Negotiate with the prosecutor on your behalf
• Represent you at all hearings, including trial if necessary
• Advise you on whether to accept a plea deal or go to trial

Your responsibilities as a client:

• Be honest with your public defender about everything related to your case
• Return phone calls and messages promptly
• Show up to all meetings and court dates
• Follow your attorney’s advice about what to say and do (and what not to say)
• Tell your attorney about any witnesses or evidence that could help your case

Public defenders handle many cases at the same time. Be patient, but also be proactive. If you have not heard from your attorney, call their office. Keep a written list of questions to discuss when you do meet.

Step 6: Attend All Hearings

Your public defender will represent you at court hearings, but you must be present at every hearing unless the judge says otherwise.

• Your attorney will tell you the date, time, and location of each hearing
• Arrive at least 15 minutes early and check in with your attorney
• Dress appropriately for court – business casual or neat, clean clothing
• Do not bring weapons, phones that are not silenced, or food into the courtroom
• If you cannot make a hearing, call your public defender’s office immediately so they can request a continuance

Your case may involve several hearings over weeks or months. These may include arraignment, pretrial conferences, omnibus hearings, and possibly a trial. Your public defender will explain what happens at each stage.

Key Deadlines

Deadline	Details
First court appearance (arraignment)	The best time to request a public defender. Apply at this hearing or before.
Any time before trial	You can request a public defender at any point during your case, but applying late gives your attorney less time to prepare.
Co-pay payment	The $75 co-pay is typically due at or shortly after appointment. Ask the court about the deadline or request a waiver.
All scheduled hearings	You must attend every hearing. Missing a date can result in a bench warrant and harm your case.

Costs & Fees

Item	Cost
Public defender co-pay	$75 per case (can be waived)
Application fee	None
Court hearings	No charge for public defender representation
Appeals (if applicable)	A public defender can be appointed for appeals at no additional cost if you qualify

When to Get a Lawyer

A public defender is your lawyer for criminal cases. However, you may also need additional legal help if:

• You face civil consequences from your criminal case (job loss, professional license issues, immigration)
• You need help with a related civil matter that the public defender cannot handle
• You do not qualify for a public defender but cannot afford a private attorney (contact Legal Aid)
• You want a second opinion on your case

Related Guides

What to Do If You Missed a Court Date in Minnesota

A plain-language guide to handling a missed court appearance in Minnesota, including bench warrants, how to resolve them, and your legal options.

DUI / DWI Charges in Minnesota

A plain-language guide to understanding DUI and DWI charges in Minnesota, including penalties, license consequences, and the court process.

Criminal Record Expungement in Minnesota

Learn how to seal or expunge a criminal record in Minnesota. Plain-language guide covering eligibility, the step-by-step process, costs, and where to get help.

Where to Get Help

• Minnesota Board of Public Defense – Oversees all public defender offices statewide. Visit pubdef.state.mn.us or call your local district office
• Minnesota Judicial Branch Self-Help Center – Court forms and information. Call 651-296-0017 or visit mncourts.gov/selfhelp
• Hennepin County Public Defender – For cases in Hennepin County. Call 612-348-7530
• Ramsey County Public Defender – For cases in Ramsey County. Call 651-757-1560
• 211 United Way – Dial 211 for referrals to local legal and social services

Frequently Asked Questions

Can I choose which public defender I get? No. Public defenders are assigned by the court based on availability and caseload. You cannot pick a specific attorney. However, if there is a serious conflict (such as your public defender previously represented a witness in your case), the court will assign a different attorney.

Is a public defender as good as a private attorney? Public defenders are fully licensed attorneys who specialize in criminal defense. Many have years of experience and handle hundreds of cases in local courts. They know the judges, prosecutors, and court procedures well. While they carry heavy caseloads, they provide competent legal representation.

What if I do not qualify for a public defender but cannot afford a private attorney? If the court denies your application, you have several options. You can reapply if your financial situation changes. You can contact Legal Aid or the Volunteer Lawyers Network for possible help. Some private attorneys offer payment plans or reduced fees. As a last resort, you have the right to represent yourself, though this is not recommended in serious criminal cases.

Can I fire my public defender? You can request a new public defender, but the judge does not have to grant that request. The court will only reassign your case if there is a legitimate conflict or a serious breakdown in the attorney-client relationship. A disagreement about strategy is usually not enough. If you hire a private attorney, the public defender will be removed from your case.

Will having a public defender make me look guilty? No. Judges and juries are not allowed to assume anything about your guilt based on whether you have a public defender or a private attorney. Having a public defender is a constitutional right, and exercising that right has no bearing on your innocence or guilt.

What happens if I am found not guilty? Do I have to pay anything back? No. The $75 co-pay is the only cost, regardless of the outcome. If you are found not guilty, you do not owe anything additional. Public defense is a government service, not a loan.