Crime & Traffic

A public defender is a lawyer Someone who represents clients in courts or who gives legal advice the court appoints to represent people who cannot afford to hire a lawyer. Public defenders are licensed Illinois attorneys, just like private lawyers. The main difference is that a public defender is assigned by the judge for people who qualify based on their financial situation, while a private lawyer is someone you choose and pay on your own.

Yes. In Illinois, you have the right to be represented in every criminal case under the Sixth Amendment of the U.S. Constitution, where jail is a possible punishment. You may choose to represent yourself, but the judge must first make sure you understand what you are giving up. Learn more about your right to a lawyer in a criminal case.

A person may qualify for a public defender A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer if they cannot afford to hire a private lawyer. Someone who represents clients in courts or who gives legal advice The judge reviews each case individually and looks at the person’s financial situation, including their income, the number of people they support, and any property they own. Only the judge can decide if someone qualifies.

The judge you appear in front of will determine if you qualify for a public defender. A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer

You have the right to a public defender A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer in traffic court only if the charge could result in jail time and you have a low income. Most minor A person under 18 years old traffic offenses, like parking tickets and other petty offenses, can only result in a fine and do not carry jail time, so there is no right to a public defender in those cases. However, some traffic offenses are criminal or quasi-criminal misdemeanors (Class A, B, or C) that can lead to jail time, such as DUI, reckless driving, or driving on a suspended license. If jail is a possible penalty, you may qualify for a public defender. If you do not qualify, you can hire your own lawyer Someone who represents clients in courts or who gives legal advice or represent yourself.

You can ask the judge to reconsider or review your affidavit A notarized written statement signed by a person under oath again. Keep in mind, however, that most judges will still deny To refuse or say no you if they believe you do not qualify. 

If your financial circumstances change, you can ask for a new affidavit to request a public defender. A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer Changes in your financial circumstances could include losing a job, having a child, getting married, your spouse losing a job, or no longer owning a property you previously owned.

Maybe. The judge may order you to repay some of the cost of your public defender A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer after your case is over. The court must hold a separate hearing When the parties in a case present their sides of a case to a judge or other officer within 90 days of the final order at the trial When the issues of a case are heard in court and decided by a judge or jury level to decide whether you must pay anything. The law limits how much the court can order you to pay, which depends on the level of the charge. Up to $500 for a misdemeanor, A lesser crime punishable by a fine or confinement in county jail for up to one year. up to $5,000 for a felony, A serious crime that is punishable by more than one year in prison and up to $2,500 for appeals.

You must go to court and ask the judge to appoint a public defender. The judge may give you a financial affidavit A notarized written statement signed by a person under oath to complete or ask questions about your income and expenses to decide if you qualify. In some places, you may need to appear in person.

For more information, see our instructions on how to ask for a public defender.

If you do not qualify for a public defender A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer and cannot afford a private lawyer, you may need to represent yourself. If you are representing yourself, there are several free or lower-cost legal resources that may help you get legal information, advice, or limited assistance.

• Find free legal resources in your area through Get Legal Help
• Learn how to access Illinois courts and file court papers from Illinois Court Help
• You can pay a private lawyer to handle only specific parts of your case through a limited scope representation agreements. Limited scope representation, also known as “unbundling,” means you sign a written agreement with a lawyer that they will only handle specific tasks. You are still responsible for the rest of the tasks. This can be a more affordable option than full representation.
• If you want to hire a lawyer, you can use the Illinois State Bar Association lawyer referral service, which offers a 30-minute consultation for $25.
• Some lawyers offer sliding-scale pricing or payment plans that may make hiring a lawyer more affordable

No. When a judge decides that a person qualifies for a public defender, A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer the judge does not assign a specific lawyer. Someone who represents clients in courts or who gives legal advice Instead, the judge assigns the case to the public defender’s office. The office chooses which lawyer will handle the case. A person cannot switch to a different public defender just because they prefer someone else.

If a true conflict arises, a judge can appoint a Special Appointed counsel Another name for a lawyer who will represent you in those circumstances. Special Appointed counsel is a private lawyer who is appointed to represent you in cases where conflicts are present.

Yes. You are allowed to represent yourself in a criminal case. However, the judge must first make sure the person understands the risks of not having a lawyer. Someone who represents clients in courts or who gives legal advice If the judge believes the person does not understand what they are giving up, the judge can deny To refuse or say no the request. A person who represents themselves is held to the same rules and standards as a lawyer.

Representing yourself in a criminal case can be very risky. Criminal cases can be very complicated, and the consequences can affect a person’s freedom and many parts of their life. A criminal charge or conviction When someone is declared guilty of a crime by a court can affect housing, employment, firearm rights, and immigration status.

A person without legal training may not know what defenses they have or how to present them in court. The punishment for a crime varies depending on the type of crime, the charge, and the individual's criminal history. Some cases may involve plea A person's formal answer of guilty, not guilty, or no contest to the charges against them deals, but not all charges can be reduced or negotiated. Certain crimes have mandatory minimum sentences set by law, and others have maximum sentences that the judge cannot go beyond. These sentences could range from community service work, jail, or even prison.

Judges and court staff cannot give legal advice. A person who represents themselves must research the law, court procedures, and possible consequences on their own.

Because the risks are so serious, it is important to speak with a lawyer Someone who represents clients in courts or who gives legal advice about your situation whenever possible.

Yes. A judge can prevent a person from representing themselves in two situations:

• If you are deemed legally incompetent
  • To represent yourself, you must knowingly and intelligently waive To give up a legal right or pardon a fee your right to an attorney. This means the judge must be sure you understand the charges, the possible penalties, and what a lawyer Someone who represents clients in courts or who gives legal advice could do for you. If the judge believes you do not understand what you are giving up, your request can be denied.
• Your self-representation would be disruptive to the court
  • If your actions make it difficult for the court to continue the case in an orderly way, the judge can refuse to let you represent yourself.

In some cases, the judge may also appoint standby counsel. Another name for a lawyer Standby counsel is a lawyer who can answer A written statement used to respond to the complaint or petition in a lawsuit legal questions while you represent yourself. They do not make decisions or speak for you, but they are available to provide guidance if needed.

The appellate courts may appoint a lawyer Someone who represents clients in courts or who gives legal advice to handle your appeal A request to change a court's decision if you cannot afford one. In most cases, the lawyer will be an appellate public defender. This is a different office from the one that represented you at trial. When the issues of a case are heard in court and decided by a judge or jury

Public defenders are licensed attorneys and are held to the same professional standards as private lawyers. They must follow the same rules and are required to provide effective representation just like any private attorney. However, public defenders often have heavy caseloads or limited resources, which can reduce the time they can spend on each case compared to private lawyers.