2025 Session Last amended: 2012 session

§ 611.14 — Right to Representation by Public Defender

Plain-Language Summary

This law says who has the right to a free public defender in Minnesota. If you cannot afford a lawyer, you can get a public defender if you are charged with a crime, appealing a criminal conviction, facing a probation revocation, or are a child age 10 or older in certain court proceedings.

611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.

The following persons who are financially unable to obtain counsel are entitled to be represented by a public defender:

(1) a person charged with a felony, gross misdemeanor, or misdemeanor including a person charged under sections 629.01 to 629.29;

(2) a person appealing from a conviction of a felony, gross misdemeanor, or misdemeanor, or a person convicted of a felony, gross misdemeanor, or misdemeanor, who is pursuing a postconviction proceeding and who has not already had a direct appeal of the conviction;

(3) a person who is entitled to be represented by counsel under section 609.14, subdivision 2; or

(4) a minor ten years of age or older who is entitled to be represented by counsel under section 260B.163, subdivision 4, or 260C.163, subdivision 3.

History:

1965 c 869 s 1; 1969 c 655 s 1; 1976 c 2 s 153; 1983 c 247 s 213; 1987 c 384 art 2 s 111; 1991 c 345 art 3 s 2; 1998 c 367 art 8 s 12; 1999 c 139 art 4 s 2; 2000 c 357 s 2; 1Sp2003 c 2 art 3 s 3; 2007 c 61 s 3; 2012 c 212 s 9

History: History: 1965 c 869 s 1; 1969 c 655 s 1; 1976 c 2 s 153; 1983 c 247 s 213; 1987 c 384 art 2 s 111; 1991 c 345 art 3 s 2; 1998 c 367 art 8 s 12; 1999 c 139 art 4 s 2; 2000 c 357 s 2; 1Sp2003 c 2 art 3 s 3; 2007 c 61 s 3; 2012 c 212 s 9

Practical Notes

When this applies: When a person is charged with a felony, gross misdemeanor, or misdemeanor and cannot afford to hire a lawyer. Also applies to criminal appeals, postconviction proceedings (if there was no prior direct appeal), probation revocations, and certain juvenile proceedings. Who this affects: Anyone who is financially unable to hire a private attorney and is facing criminal charges, a criminal appeal, or is a minor (age 10+) in juvenile court proceedings under sections 260B.163 or 260C.163. Key points: You must be financially unable to obtain counsel to qualify. Coverage includes all levels of criminal charges (felony, gross misdemeanor, misdemeanor). The right extends to first appeals and postconviction proceedings if you have not already had a direct appeal. Children age 10 and older have the right to a public defender in delinquency and child protection proceedings.

Source: Minnesota Office of the Revisor of Statutes