It is important 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.
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 charged any crime, you have the right to be
represented by an attorney. Criminal cases are complex and technical,
and you will be facing a prosecutor with extensive legal training and
experience. Although defendants sometimes wish to represent themselves,
to do so in a criminal case is unwise. You will need 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.
But what if you can’t afford a lawyer?
If you are charged with a crime, and you cannot afford an attorney,
the court will provide you with one. Generally, you must go to court
and ask the judge for a court appointed attorney. This is done at the
time you first appear in court and are arraigned on the charge. If
you have any doubts, be sure to ask the judge if you can have a court-appointed
lawyer.
To qualify for a court-appointed attorney, you must be able to show
that you are unable to afford an attorney. Some courts may require
that questionnaires be completed and signed by you under oath to prove
your inability to pay. If you truly cannot afford an attorney, the
court will supply you with one. 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 a public defender is
to defend people who cannot afford to hire a lawyer. 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
with public funds like the public defender.
When a public defender or other attorney is appointed to represent
you, it is important for you to know the name and phone number of your
attorney and the date, time and location of your next court appearance.
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 for you. It is your responsibility to stay
in good contact with your lawyer to make sure that he or she can do
the best possible job.
If you were represented by a court-appointed attorney and were found
guilty, you may be required to pay court costs, including reasonable
attorney fees. The amount will depend upon the type of case and your
ability to pay. The judge determines the amount to be repaid and will
usually give you monthly payments or a deadline in which to pay.
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, to get the best possible legal representation, you need to
stay in contact with your lawyer. 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.
Legal Editor: The Hon. Steven A Todd, March 2008