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Public defenders basics Guide

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Anyone charged with a crime has the right to a lawyer under the Sixth Amendment of the U.S. Constitution. If a person cannot afford to hire a lawyer, the judge may appoint one, often a public defender, to represent them. A public defender is a licensed attorney appointed by the court to help people who qualify. To qualify, the judge must decide that the person is indigent, meaning they cannot afford to hire their own lawyer.

Find answers to common questions about public defenders below.

Last full review by a subject matter expert
December 09, 2025
Last revised by staff
January 08, 2026

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Asking for a public defenderHow-To
These instructions explain how to ask for a public defender and how the judge decides if you qualify.

Learn more

Upcoming changes to Illinois’ public defender system Text article
Learn about Illinois’ new public defender law, also known as the FAIR Act. Read about the changes to how public defenders are organized and supported statewide, and what it means for you.

Worried about doing this on your own?  You may be able to get free legal help.

Apply Online

Take action

Asking for a public defenderHow-To
These instructions explain how to ask for a public defender and how the judge decides if you qualify.

Learn more

Upcoming changes to Illinois’ public defender system Text article
Learn about Illinois’ new public defender law, also known as the FAIR Act. Read about the changes to how public defenders are organized and supported statewide, and what it means for you.