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Court-appointed Lawyer
A court-appointed lawyer is an attorney assigned by the court to represent a defendant who cannot afford to hire a private lawyer. This legal representation is guaranteed by the Sixth Amendment of the U.S. Constitution, which ensures the right to counsel for anyone charged with a crime and unable to pay for their own attorney.
There are two main types of court-appointed lawyers:
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Public defenders: These are salaried government employees working in public defender offices. They are full-time attorneys appointed to represent indigent defendants.
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Assigned counsel (court-appointed attorneys): These are private lawyers appointed by the court on a case-by-case basis. They are not government employees and are usually paid by the hour or by the case. In some jurisdictions, defendants may have to reimburse the court for these fees if they plead guilty or lose the trial.
To obtain a court-appointed lawyer, a defendant typically must apply and demonstrate financial inability to afford private counsel. The court then reviews the application and appoints an attorney accordingly.
It is important to note that the appointment is not automatic; defendants must request a court-appointed attorney, often by filling out an application and providing evidence of financial need. In some cases, defendants may be able to request a different court-appointed attorney, but this is subject to court discretion.
In summary, a court-appointed lawyer provides essential legal defense for those who cannot afford private counsel, ensuring the constitutional right to legal representation in criminal proceedings.