How much can I earn and still be eligible for the services of an attorney?

It depends on all of your current financial circumstances and how much debt you have. As such, there is no specific dollar figure which makes you ineligible for the services of the Public Defender. For example, individuals who are in custody and are unable to post bail are presumed to be eligible for Public Defender services. On the other hand, if they can afford to post a large amount for bail, or own a home, they might not be eligible. If they have enough financial assets to afford private counsel, they are not eligible to be represented by the Public Defender.

Regardless of whether a defendant is in custody or out of custody, all of that person's financial obligations (such as the need to support a family, pre-existing debts, rent/mortgage, etc.), are balanced against assets and income, including community property income, in determining whether that person can afford to hire private counsel.

Find more information about eligibility on our Eligibility for a Public Defender page.

Show All Answers

1. Are Deputy Public Defenders real attorneys?
2. How do I get an attorney to represent me?
3. Can I get advice from an attorney before I appear in court?
4. How do I contact my attorney?
5. I forgot the name of my attorney. How can I find out who is representing me?
6. I forgot where my court is located. How can I find out where I'm supposed to appear?
7. I can't afford an attorney. Will I have to pay to be represented by the Public Defender's Office?
8. How much can I earn and still be eligible for the services of an attorney?
9. What if the Public Defender cannot represent me?
10. Are all "appointed attorneys" employees of the Public Defender's Office?
11. What is "O.R."?
12. What is bail?
13. When will the judge set bail and/or consider an O.R. release?
14. What happens when someone is charged with a felony?
15. What happens when someone is charged with a misdemeanor?
16. Will the Public Defender represent me if I am a resident of another state?
17. Will the Public Defender's Office represent me if I am a citizen of another country?
18. Will the Public Defender's Office represent me in an extradition hearing?
19. My English is limited. How can I get an interpreter to assist me or my witnesses?
20. I like a certain attorney. Can I choose who represents me?
21. I don’t like my attorney. How do I get a new one?
22. Who is eligible for drug treatment within the criminal justice system under Proposition 36?
23. I have heard about the success of drug treatment courts. How do they differ from regular criminal courts?
24. What happens when someone under the age of 18 is charged with a crime?
25. My child, who is under 18, has been arrested and needs drug treatment, mental health treatment or specialized education. Can the Public Defender help?
26. Will the Public Defender's Office represent me in the appellate courts?
27. Will the Public Defender represent me in a habeas corpus proceeding?
28. What is an expungement?
29. Who is eligible for an expungement?
30. When is an expungement available?
31. What will an expungement do for me?
32. Does the Public Defender's Office have access to any police officers or investigators who can look for evidence that will help me talk to witnesses in my case?
33. I know my attorney can't repeat anything I say in confidence. How can I be sure that what I say to a Public Defender investigator or paralegal will be kept confidential?
34. If the police contact me, do I have to speak with them?
35. What should I do if the police want to search me or my belongings?
36. I want to sue the Police Department. Will the Public Defender represent me?
37. I was treated unfairly by the judge in my case, and I want to sue the court. Will the Public Defender's Office represent me?
38. I am the victim of a crime. Will the Public Defender represent me?
39. I need an attorney to help me in a civil case (like divorce, landlord/tenant dispute, debt payment, bankruptcy, child custody). Does the Public Defender handle that type of case?
40. How do I get a certificate of rehabilitation?
41. What is Proposition 64?