If the defendant is unable to retain legal counsel, he or she is entitled to free legal assistance during the investigation and trial and/or appeal of the conviction.

Note 1. Many state laws grant the right to free legal assistance of a public defender only to persons who may be subject to imprisonment or the death penalty.

Free legal assistance is provided by appointed attorneys, attorneys-at-law, or public defense attorneys.

Local authorities (mainly in small localities) fix in special lists of practicing lawyers who are willing to provide legal services to those in need on a free-of-charge basis. Such lists include attorneys who have passed a qualification commission and their authority extends to all courts of a given jurisdiction. In each individual case, the lawyer is selected by the court based on the qualifications on the list.

Note 2. All services of appointed attorneys are paid by the court and, therefore, attorneys are required to coordinate all of their costs of defending clients with the court.

Contracted attorneys participate in court hearings based on contracts between the defense attorney and the municipality with payment of a certain amount of fees. The contracts clearly spell out the number of indigent clients who are to be assisted by the contract attorney. Also, if the agreed upon number of clients is exceeded, there is a provision for extension or signing a new contract. Most indigent criminal defendants receive free assistance from public defenders. Public defenders are maintained by the state and are supported by a full staff of assistants, private investigators, clerks, secretaries, etc.

The offices of public defenders are made up of practicing attorneys who have been qualified by the agency and receive salaries, not fees.