Crime & Traffic

After you are charged with a crime, you must appear in court. At this first hearing, often called an arraignment or initial appearance, the judge will typically ask whether you plan to hire your own lawyer Someone who represents clients in courts or who gives legal advice or whether you want to ask for a public defender. A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer If the judge does not ask, you can tell the judge that you want to apply for a public defender. 

The judge may ask you a few questions about your income and expenses before giving you the official application. 

You can request a public defender at any hearing while your criminal case is open. However, asking early helps ensure you have legal help as soon as possible.

Most Illinois counties ask you to fill out a form called an Affidavit A notarized written statement signed by a person under oath of Assets Anything a person owns that has financial value and Liabilities or Affidavit of Financial Condition . This form helps the judge understand your financial situation and whether you can afford to hire a private lawyer. Someone who represents clients in courts or who gives legal advice  

Although each county’s form is slightly different, most ask about: 

• Your income: wages, The amount of money that a person is paid for work they do unemployment benefits, disability A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning. benefits, Social Security, public benefits (like SNAP or TANF), child support Money paid by a parent to help another parent support a minor child or an adult child with a disability received
• Your monthly expenses: rent, utilities, childcare, transportation, medical costs, child support paid
• Bank accounts: checking, savings, prepaid cards
• Property and assets: vehicles, real estate, Property consisting of land or buildings like a house or an apartment valuable items
• Debts: credit cards, loans, unpaid bills
• Household size: number of dependents you support

You must answer these questions honestly. The form is signed under oath, and providing false information can have consequences.

Once you fill out the affidavit, give it to the judge or the courtroom clerk as directed. The judge may review it immediately or take a brief recess to look it over.

After reviewing your financial affidavit, A notarized written statement signed by a person under oath the judge will decide whether you qualify for a public defender. A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer Each county may use slightly different guidelines, but the general question is whether you have enough income or assets Anything a person owns that has financial value to afford a private lawyer. Someone who represents clients in courts or who gives legal advice  

Only the judge can decide if you qualify. The clerk, prosecutor, and public defender’s office cannot make that decision. 

If you qualify 

The judge will appoint the public defender’s office to represent you. You may:

• Meet your public defender that same day, or
• Receive instructions on how to contact them before your next hearing.

If you are denied 

If you do not qualify, you must either: 

• Hire your own lawyer, or
• Continue to represent yourself. If your financial situation changes, or if you later cannot afford your private lawyer, you may ask the judge to reconsider.