Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding your right to a free attorney is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

In Oregon, if you are taken to court for any crime, you have the right to be represented by an attorney.

But what if you can't afford an attorney?

If you are charged with a crime, and you cannot afford an attorney, the court will provide you with an attorney. Criminal law and criminal defense are complex and technical. You may want a trained legal expert on your side to protect your interests and your rights from the moment you are arrested as well as during your trial. If you are charged with a crime, you will be prosecuted by a district attorney who has extensive legal training.

Generally, you must go to court and ask the judge for a court appointed attorney. This is done at the time you are first brought to court and arraigned on the charge. If you have any doubts, ask the judge if you can have a court appointed attorney.

In order to qualify for a court appointed attorney, you must be able to show that you are unable to employ an attorney because of lack of finances. Some courts may require that questionnaires be completed and signed by you under oath to prove your inability to pay. If you can't pay, the court must supply you with an attorney. That is your right under the law, and it is the judge's duty to protect your rights.

If you qualify for a court appointed attorney, the judge may assign a lawyer known as a public defender to take your case. The Public Defender's Office is paid for by public funds. The duty of the public defender is to defend people who cannot afford an attorney.

Sometimes a public defender may not be available. In such a case, the court will appoint a private attorney to represent you. The private attorney is then paid by public funds like the public defender.

When a public defender or other private attorney is appointed to represent you, it is important for you to know (1) who your attorney is; (2) when your next scheduled court appearance is; and (3) where your next appearance is scheduled. Therefore, before you leave the courtroom, make sure you write down this information. Don't be afraid to ask your attorney or the court personnel to write this information down. It is your responsibility to stay in good contact with your attorney to make sure that your attorney can do the best possible job.

If you received the services of a public defender or a court appointed attorney and you were found guilty, you may be required to pay reasonable defense costs including attorney fees at the end of your case. These fees will depend upon the money that was spent in your defense and on your ability to pay. [The judge will determine the amount to be repaid and the time to do it.] You will be given an appropriate time in which to pay back to the state these fees. The judge will determine the amount to be repaid and the time to do it.

We all have legal rights, and two of our most important rights are the right to a fair trial and the right to an attorney. Because of the complexity of the legal system, a fair trial is almost impossible without proper legal representation. Remember, that to get the best possible legal representation, you need to stay in contact with your attorney. It's your best chance to get the best results.

If you would like additional information about your rights if you are arrested or issued a citation for an offense, refer to Your Rights If You Are Arrested.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.