Mimi Coffey | Attorney at Law

THE law entitles a citizen accused to a public defender if they are indigent. Indigent would be defined as receiving government assistance for subsistence (unemployment, food stamps, and public housing). The courts require proof of this and to receive a public defender without financially qualifying is a theft offense, which is a crime of moral turpitude and serious. Most people think that a public defender is free to them. It is not. Although the taxpayers pay for this legal service (some counties have a public defender’s office- others use a wheel court appointment system), it is not free to the citizen accused. The law allows the court to order the defendant to pay back the services (at a much discounted rate) back as a condition of the plea or sentence. If it is a dismissal, the judge can order these fees paid back (proof) before the dismissal is signed. The court appointment system does not amount to getting a “free lawyer.” People in prison make the distinction of “free...