Know Your Rights: Public Defenders in Minnesota

If you are charged with a crime in Minnesota and cannot afford a lawyer, you have a constitutional right to a public defender. Public defenders are fully licensed attorneys paid by the state to represent you. Here is what you need to know.

Your Rights

1. You have a constitutional right to a lawyer. If you face criminal charges and cannot afford an attorney, the court must provide one for you. This right comes from the Sixth Amendment to the U.S. Constitution.

2. Public defenders are real lawyers. They are fully licensed attorneys who specialize in criminal defense. They handle hundreds of cases and know the local judges, prosecutors, and court procedures.

3. The co-pay is only $75, and it can be waived. Under Minn. Stat. § 611.17 , the standard co-pay is $75 per case. If you cannot afford it, the judge can waive the fee entirely.

4. Your public defender works for you, not the court. They have the same legal duties as a private attorney. They must protect your rights, keep your information confidential, and give you their best effort.

5. Having a public defender does not make you look guilty. Judges and juries cannot assume anything about your guilt based on whether you have a public defender or a private attorney.

6. You can qualify even if your income is slightly above the limit. The court looks at your whole financial picture, including child support, medical bills, and other debts. If paying for a private attorney would cause substantial hardship, you may still qualify.

What to Do

• Ask for a public defender at your first court appearance. Tell the judge you cannot afford an attorney and want to apply for a public defender. This is usually done at your arraignment.
• Fill out the financial form honestly. The court will give you an application that asks about your income, expenses, assets, and household size. False information is a crime.
• Gather your financial documents. Have pay stubs, tax returns, bank statements, or proof of government benefits ready to show the court.
• Be honest with your public defender. Tell them everything about your case, even facts that seem bad. They cannot help you if they do not know the full picture.
• Return your public defender’s calls. They handle many cases. When they call, respond promptly. Keep a written list of questions to ask at meetings.
• Show up to every court date. Missing a hearing can result in a bench warrant and harm your case.

Important Deadlines

Deadline	What It Means
First court appearance	The best time to request a public defender – apply at your arraignment
$75 co-pay	Due at or shortly after appointment (can be waived if you cannot afford it)
All hearing dates	You must attend every scheduled hearing – missing one can result in a bench warrant

Get Help

For more detail: See our full guide on Getting a Public Defender.