Indigency Determinations
Everyone has the right to an attorney in a criminal case. This right is crucial when someone’s freedom is at risk. To begin the process of appointing a lawyer, two main things are needed:
- Criminal charges that threaten a person’s liberty.
- A determination that the person is “indigent.”
How We Determine Indigency
Before appointing a lawyer, we must decide if someone is indigent. If they are, the Public Defender’s Office will assign a lawyer to help them.
Factors in Indigency Determination
Indigency is assessed individually. A person is considered indigent if they cannot afford a lawyer without significant financial hardship.
There is a rebuttable presumption of indigency in these situations:
- Income is less than 140% of the federal poverty level.
- The person is incarcerated.
- The person is in a mental health facility.
- The person receives public assistance.
We also consider other factors, such as:
- Net income
- Other funds
- Property and assets
- Living expenses
- Dependents
- Work and education history
- Debts
Indigency Screenings in Van Buren County
In Van Buren County, the Public Defender’s Office decides if someone is indigent. Adults in custody automatically qualify for our help. Our attorneys conduct jail interviews daily before arraignment.
Adults not in custody must apply for a public defender. To ensure representation, apply at least 3 days before your court date. You can apply:
- Online: Use the online application.
- In-person: Find forms in each courtroom.
- Phone: Call the Public Defender’s Office.
If you can afford your own lawyer, please hire one as soon as possible. Our services are for those who cannot afford legal help.
Public Defender's Office
What do public defenders do?
The Constitution guarantees everyone the right to an attorney, even if they cannot afford one. Public defenders are full time staff attorneys serving under the direction of the Chief Public Defender who are appointed to represent people who cannot reasonably afford to hire an attorney.
Who is eligible to get a public defender?
To qualify for a public defender, a person must be considered "indigent." In Van Buren County, indigency determinations are made by the Chief Public Defender and are made on a case-by-case basis.
How can I get a public defender?
You must apply and be determined indigent to have an attorney appointed to represent you. To apply, contact the Public Defender's Office and request to be screened for indigency and one of our Legal Specialists will assist you. You can also apply by submitting an Application for Public Defender. Applications can be submitted online or in person.
Are public defenders licensed attorneys?
Yes. All staff and roster attorneys are licensed to practice law in the State of Michigan.
I don’t like my public defender. Can I get another lawyer?
You can always hire an attorney of your choice to represent you.
Can I get a public defender over the phone?
Yes. To apply over the phone, contact the Public Defender's Office during regular business hours and request to be screened for indigency.
Can I choose which public defender handles my case?
No. You cannot choose the specific attorney who is assigned to your case. You are always free to hire a different attorney to represent you at your own cost.
Do public defenders get paid?
Public defenders are full-time, salaried attorneys in charge of providing representation to indigent clients in criminal matters.
Should I talk to the police?
If you are interacting with the police, it is extremely unlikely that you are going to be able to talk your way out of the situation. The best thing you can do it clearly assert your right to silence, request an attorney, and kindly refuse to answer any questions. Remember, you have a right to remain silent. Anything you say can and will be used against you.
Can my family be with me when I meet with my attorney?
Anything you say to your attorney in private is protected by attorney-client privilege. Your attorney is ethically prohibited from revealing these communications to any third-party who is not a member of the Public Defender's Office. If you have family or anyone else present during an attorney-client meeting, the communication is no longer protected by privilege. This means they could potentially be called to testify about what you and your attorney discussed. The best thing to do is have meetings with only your attorney and members of the Public Defender's Office and do not share information that you and your attorney discussed with anyone else.
