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Updated 3/5/2023
Generally speaking if you are in Court and are given the opportunity to apply for a Court appointed attorney you should apply for one. Waiving your right to a Court appointed attorney means you will either represent yourself or hire your own attorney. Unless you plan to represent yourself anyway, do not waive your right to an appointed lawyer. Even if you plan to hire your own lawyer, you may discover you cannot afford an attorney, or may lose your job before you retain an attorney. You can always fire your Court appointed lawyer to hire your own lawyer. You may not be given another opportunity to request a court appointed lawyer after finding out you can’t afford private counsel. How much does a court appointed lawyer cost?Court appointed lawyers cost nothing upfront. If you are found guilty or found in contempt you will have to repay the state of North Carolina for the services of the appointed attorney. In NC those fees generally range from $55-$75 per hour. If the case is dismissed or you are found not guilty you are not responsible for any attorney fees to the state. If you do not pay the court appointed fees a civil judgment can be docketed against you for the balance owed. Who are court appointed lawyers?Larger counties tend to have their own staff such as the Mecklenburg County Public Defender Office that is analogous to the Mecklenburg County District Attorney Office in that they represent people who cannot afford an attorney. When the public defender office is overworked or has a conflict there is a list of private attorneys who also take appointed clients. Other counties such as Union County do not have a Public Defender office, but only have a list of private attorneys who are on the Court appointed list. If you are in Union County you will be assigned at random 1 of the 25 or so attorneys who have chosen to be on the Court appointed list. Why do people say not to ask for a Court appointed lawyer?Public Defender’s often are often overworked and are less responsive than clients would like. This is especially true if the defendant is already in jail. Many public defenders’ have a heavy caseload that prevents them from dedicating as much time to each client as a private attorney. As in any profession, there are some who exceed expectations and some who fall short. The same is true of lawyers, both public and private. Also, since you don’t get to choose your appointed lawyer, there is a greater chance you will be assigned an attorney you do not like than if you choose your own. Finally, as stated above you can always fire your court appointed counsel and hire your own. How to get a court appointed lawyer in NCIn North Carolina you can usually request a court appointed lawyer the first time you see a judge in criminal court or at your initial bond hearing. The judge will likely have you fill out a financial affidavit disclosing your income and assets and determine whether you can afford your own attorney based on the offense and your potential ability to hire your own counsel. Can I get a court appointed lawyer?Everyone is entitled to a court appointed lawyer if you are facing jail time an unable to afford your own attorney. This includes essentially any felony and serious misdemeanors. If you have no criminal history and are charged with a level 3 or level 2 misdemeanor such as simple possession of marijuana or trespassing you may not be eligible for a court appointed lawyer, but of course you can always hire your own attorney. Other instances where you may be entitled to a court appointed lawyer in NC include a motion for contempt or termination of your parental rights. Pros vs Cons of Public Defenders
52 Comments
jerome st. hilaire
7/14/2015 07:23:48 am
I need help asap
Jason Witt
7/14/2015 07:36:51 am
Do you have a specific question?
Don Kunze
12/28/2015 06:07:28 pm
Child custody court date Union county. Coming from California.
Jason Witt
12/28/2015 07:06:35 pm
Are you just going to Court as a witness? Someone would need to call you to the stand if you wish to testify. The Judge will decide what weight to give to your testimony. Union County is still old school (home base) mentality in general.
joe odum
8/15/2015 12:27:55 pm
I have three pending felonies. 1. POSS. STOLEN PROP. 2. OBTAIN PROP./FALSE PRETENSE.3. FTA ON PENDING CHARGES.
Jason Witt
8/15/2015 01:42:41 pm
You almost certainly have an Order for Arrest ("OFA") as well. You should hire an attorney ASAP to strike the OFA. If these charges are in Union or Mecklenburg feel free to give me a call. If not find a local attorney to help you strike the OFA. In the meantime if the police know where you live/work you are at risk of going to jail.
Diana
2/11/2018 12:03:29 pm
If you have already waived your right to a court appointed lawyer and get a continuance, can you ask for a court appointed attorney on your next court date?
Jason Witt
2/11/2018 01:14:42 pm
You can always ask, but you better have a good excuse such as you thought you could afford a lawyer and then were quoted high retainers from multiple attorneys or that you lost your job since your last court date. Ultimately you are at the mercy of the judge at this point.
Diane wright
10/17/2016 02:38:16 pm
My husband for arrested for a DWI. He has PTSD and he took to many meds that day and drove. Well with the court date coming up on 11-8 and let his PTSD get the best of him and I had to have committed at the VA pysch wars. Now he may miss his court date. He is our source of income and now not working what do? I don't want him to come out better and then have a warrant out for him
Jason Witt
10/17/2016 06:45:59 pm
Does he have an attorney? If he does then his attorney should be able to get the case continued with proper proof of his commitment. If he has no attorney then you should try and get the paperwork to the DA in advance and hopefully they will agree to continue the case. You should also attend Court on his court date to ensure it happens.
Christy suggs
2/9/2017 03:59:42 pm
My boyfriend was picked up on child support and transferred to union co. He has court monday and that will be his 28 day in lock up as well. His public defender wont respond to him and i cant get in touch with any one not that they will give me information. But im having kidney surgery on Thursday and really need him home to deal with his other kids also its a Huge risk surgery. Help what can we do
Jason Witt
2/9/2017 06:08:27 pm
If his public defender is ignoring him then I would recommend either showing up to his office and demanding an appointment or hiring your own attorney. Other option is your boyfriend can ask for a new attorney on Monday if they bring him over from jail- but that may delay things even longer.
Isabel
3/27/2017 05:27:48 pm
I got charged with a dwi and have not hired a attorney my question is can I request a court appointed attorney the day of my court day and have my case continued?
Jason Witt
3/27/2017 05:41:46 pm
I can’t speak for an unknown county, but generally speaking you can always get at least 1 continuance to either hire your own attorney or ask for a court appointed attorney at your first criminal court date.
Peter Crocker
11/15/2017 03:20:15 pm
Can a Public Defender motion for an appropriate release?
Jason Witt
11/15/2017 07:22:29 pm
Not sure what a motion for appropriate release is. Do you mean file a motion for appropriate relief?
Jake
11/28/2017 03:29:54 pm
What attorneys are used as public defenders in union county? Is their a list I can view or some info?please help
Jason Witt
11/28/2017 05:19:31 pm
Union County does not have a Public Defender office as most large counties such as Mecklenburg. That being said, there are about 25 private attorneys who have signed up to take appointed cases that pay at the rate designated by the State which is between $55 and $70 per hour. There is a list at the Courthouse with all the attorneys on the list. Most are local attorneys with offices in downtown Monroe.
Colleen
2/10/2018 07:35:51 pm
I have a family court question. If I am ordered to pay attorney fees in a certain amount of time (ex. $10,000 in 3 months.) No amount was paid in the ordered amount of time and the attorney filed contempt of court 3 months after time it was due. Can I be jailed for not paying if I have no property, no money in my bank account and no assets of any kind but I make $5,000 a month?
Jason Witt
2/11/2018 11:46:14 am
Contempt has to be willful. What that means exactly depends on your judge. If you the amount you are ordered to pay is beyond your means then that certainly creates an opening to argue you could not comply with the order. That being said, if you have paid zero that sure looks like “bad faith.” Just because you can’t afford the full monthly payment does not mean pay zero. Even if you only pay $100 or $200 per month towards a large monthly obligation any payment is evidence you are at least trying to comply with the court order just like paying zero shows you are not really trying to comply with the court order. Bottom line- pay something every month or else expect to be held in willful contempt.
april
6/18/2018 05:27:58 pm
I don't live in NC but I was there for the Carolina Rebellion concert. I got a DWI in the medium so another words I wasn't actually driving. I had a passenger whom came to the concert and to NC with me and he was wasted so he pulled over and we swapped seats, that's when I saw the blue lights after we were in the car. I had two drinks prior to attending the concert but my friend had drank quite a bit at the concert, reason I blew a 0.10 I had nothing at the concert to dilute my system but yet the police never had him get out of the car although they knew he was wasted.They took me to jail and left all my belongings with him. Left him my money, dl, phone, car and keys so he proceeded to drive my car after they drove off with me in the back of the cop car. Im struggling to hire an attorney for several reasons, the prices are outrageous and for a misdemeanor! The info they have given me is contradictory and im at loss. One tells me we can get it dismissed and another attorney tells me diff. I cant afford to pay for an attorney and get the same outcome as I would with a public defender. What advice can you offer me?
Jason Witt
6/18/2018 07:38:38 pm
Many criminal attorneys offer a free consultation- take advantage and speak to several who seem to concentrate in DWI trials. As far as whether you can win in court that often depends on your local judge so you are going to have to rely on local attorneys for guidance.
Matt
10/10/2018 11:26:22 pm
I was given a court appointed attorney for child support court but he has not called me back at all. Am I allowed to ask to be able to hire an attorney when I go back to court since I haven’t spoken to the one they appointed?
Jason Witt
10/11/2018 07:59:00 am
No need to wait for the next court date- you can hire your own attorney now. If you discover you can't afford an attorney you can also inform the judge that you have tried to contact your attorney to no avail and hopefully the judge would appoint a different attorney.
Jen
11/26/2018 08:51:38 am
I'm a homemaker and not worried about reputation and potential hireability so much as financial burden on my family. With possession charges for marijuana (<.5oz) and marijuana paraphernalia, as a first time offender, is it more worth it to lawyer up, or just accept the charges and consequences, and work on expunction later? Could lawyer's fees and court costs outweigh the court costs I'd face alone? Thanks so much for any help!
Jason Witt
11/26/2018 10:09:32 am
You should at least call around for prices on lawyers. If you are found guilty you would not immediately be eligible for expunction and there is no guarantee the Judge or DA will sign you up for the 90-96 deferred prosecution program.
Shay
6/21/2019 05:48:54 am
Hi I need help with child custody. My child’s father doesn’t really care about her and he some how was awarded overnight visitation. I would like to get the order modified but I can’t afford a lawyer because I live in Mecklenburg county and the prices are outrageous. What to do? Any advice on the judges preference?
Jason Witt
6/21/2019 08:17:46 am
Generally speaking, judges in Mecklenburg county tend to use 50/50 overnights as a starting point and at least every other weekend as a minimum for child visitation when both parents are local unless there is some compelling reason not to allow overnight visits. How old is this order? Why do you believe the father should not spend overnights with the child?
Jesus
7/16/2019 09:52:40 pm
I know someone who has been charged with robbery in union county and now indicted and has not been to court to hear eidence. What should they do?
Jason Witt
7/16/2019 10:54:08 pm
If they do not feel they have effective representation they should hire private counsel or ask for a different court appointed lawyer.
kendall
10/15/2019 03:27:13 pm
My wife has court and we are unable to be there. How can I get an appointed attorney to represent me and ask for a continuance to a date that we can show up to?
Jason Witt
10/15/2019 04:03:40 pm
What is the county and charge? Assuming this is a criminal case in NC you generally have to attend your first court date to request a court appointed attorney or else you risk the judge issuing an order for your arrest for not being present. You can always hire your own lawyer to appear and ask for a continuance. You could even try and call the DA's office and ask for a new court date, but they are generally not very interested in helping defendants.
kendall
10/15/2019 07:27:29 pm
its onslow county and its an unsafe movement charge
Jason Witt
10/15/2019 07:33:48 pm
You generally can't get a court appointed lawyer for a minor traffic charge if jail is not a possible outcome. Was the charge the result of a car accident?
kendall
10/16/2019 12:17:24 pm
both cars totaled
Jason Witt
10/16/2019 02:53:34 pm
Take a look at this blog article:
Crystal Long
11/1/2019 10:46:32 am
my younger sister was in a roll over accident and charged with a DWI where she was 3 times the legal limit. do court appointed attornys work with DWIs?
Jason Witt
11/1/2019 12:32:49 pm
She should be eligible for a court appointed lawyer if the court determines she cannot afford to hire her own, I would still recommend she consult with some local private attorneys as many offer a free consultation for DWI cases.
Lori K Kitchen
2/8/2021 01:20:14 pm
I got a DUI back in 2012 & a court appointed attorney. Met her once for about 20 minutes. Found guilty, did 60 days in jail. NC has kept my State Taxes every single year since then. Just got another letter about this year's being kept as well. That's well over $5,000 they've taken from me. I was making $2.09/hr when this happened, now I make $12.35. HOW is this legal?
Jason Witt
2/8/2021 02:14:39 pm
Do you owe court fines or restitution fees for your court appointed lawyer?
Ana
10/14/2021 11:23:22 am
Hey so I got a citation for shoplifitng but the items wasnt over $50 I have court on December 9 can I represent myself? If so, If I plead guilty do they just give me the fees? Or should I say I dont plead guilty? I dont think i’ll be able to apply for an attorney at the court.. please help!
Jason D Witt
10/14/2021 12:02:27 pm
I would not plead guilty unless you want to have a permanent criminal record. Can you afford to hire an attorney to talk with the DA about deferred prosecution to end with a dismissal?
Demetria Fraley
5/3/2022 06:07:35 pm
I need help with an family court case in wake co. And can't afford an attorney
Jason Witt
5/3/2022 07:04:45 pm
Try contacting your local Lega Aid office, although many do not assist in family law absent domestic violence.
Demetria Fraley
5/4/2022 12:19:30 am
Where can find an unbundle attorney at in Raleigh NC
Jason Witt
5/4/2022 09:04:34 am
I do not practice in that area. My best advice is simply call around and eventually you will locate an attorney who offers unbundled service.
Jennifer
12/17/2022 04:43:36 pm
I need help with family court case , it’s involved my child’s father he’s been abusive to me since 2019 and even during my pregnancy I was 4 to 5 months when he put his hands on me also and I reported that too & recently on November 15th he slap me while feeding my four month old daughter at that time now she’s 5 months he got locked up on nov 22nd for the charges and I pressed the charges on nov 15th and Im trying to fight full custody cause his environment where he stays at his moms house is not a good one , he has guns, sells in and out his moms house weed, they smoke weed in the home , he has traveled once to get weed from San Francisco brought it back to Charlotte, his mom and family also knows he does these things wondering if I can get an court appoint lawyer to present me in court
Jason Witt
12/17/2022 07:31:05 pm
Court appointed attorneys are generally only available to criminal defendants facing actual jail time. That being said, you could try and reach out to legal aid if you are a victim of domestic violence in a family law case.
Aaron knight
4/13/2023 01:05:33 am
I have attorney fees from the state for cases that are between 7 and 15 years old and was just hit with a civil judgment. Is there any limitations on how long they have to collet that or any way to maybe settle it with the state other than just paying it? I'm disabled currently as well
Jason Witt
4/13/2023 08:56:48 am
Civil judgments are good for 10 years in NC and can be renewed 1 time for an additional 10 year period. I would suggest meeting with a local bankruptcy attorney to determine your exposure to judgment collection.
Andrew
6/24/2023 11:36:00 am
My fiance has charges in North Carolina and was picked up in Pennsylvania where we live and I need a lawyer to help get her bail in North Carolina and fight these charges that are not true
Jason Witt
6/24/2023 12:44:03 pm
What county are her charges from? Your comment will be posted after it is approved.
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