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To get a public defender or court-appointed attorney in a criminal case in Ohio, the defendant must be unable to afford to hire an attorney, must request that one be appointed for him, and must submit a financial affidavit showing that he or she can't afford to hire an attorney.

A defendant is entitled to a public defender or court-appointed attorney only if facing a charge that could result in loss of liberty (i.e., jail or prison). Note that this question was originally placed in the "Civil Lawsuits" category; that was incorrect, as public defenders may only be used in criminal cases. Anyone seeking free or low-cost legal services in a civil case must look for "legal aid" or "legal services" attorneys.

The first related link below is just an example, from Crawford County, of the steps involved in requesting a court-appointed attorney. The second related link is the state Public Defender's office. The third related link is where I found the first two, and where you can find links to other local public defender resources.

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βˆ™ 11y ago
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βˆ™ 12y ago

You might have to pay a Public Defender in Ohio; it depends on how much you can afford. If you can't afford to pay anything at all, you don't have to pay. The standard is whether you can "reasonably be expected to have" money, and how much you can "reasonably be expected to pay." The first related link below is the applicable Ohio Revised Code section (see subdivision D).

Note that even if you don't have to pay the Public Defender, you may have to pay the court $25 for the application, unless the judge decides you can't afford it. The second related link below is just an example; it's the Erie County Public Defender's website, and the application form mentions the court fee.

I found both of these links at the third related link, which has contact information for all Ohio courts, Self-Help resources including the Ohio Revised Code, and Public Defender resources in the Legal Aid and Lawyer Referral category.

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Q: Do you have to pay a public defender in Ohio?
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Who payes the public defender in Ohio?

Public defenders in Ohio are paid by the state and local government. In counties with a state public defender, they are paid directly by the state Office of the Public Defender. In counties with a county public defender or appointed counsel, they are paid by the county which is then reimbursed by the state office. However, the defendant may have to pay some of the cost. There is a $25 application fee, which is paid to the court but may be waived by the court if the defendant has no money at all. There is also a "contribution" fee that is based on what you can afford according to the financial information you submit with your application; this is paid directly to the public defender's office. The details are explained in the related links below. On the state Office of the Public Defender page, see the menu items for Reimbursement and OPD Resources at the top of the page. The sections of the Ohio Revised Code are the legal basis, and you can scroll to "Prev" and "Next" sections of the Code to see more of the law. The Ohio Courts Guide link is where I found the other links, and it has an additional to link to the Erie County Public Defender's Office if you want a local example.


How do you fire your public defender?

You have the option of requesting another public defender, but you cannot 'fire' one. Of course, if you hire and pay for, your own attorney you can do anything you want with them.


How much does a public defender make a year?

The yearly salary for a public defender will depend on the city, state, and experience. On average, a public defender can make anywhere from $30,000 up to $100,000 or more a year. Larger cities will pay the public defenders more money.


What happened to our rights to a public defender at no cost to us?

Such a right has never existed. You have a right to a public defender; however, there is no guarantee that the public defender is "at no cost to you". If you cannot afford one, the public will provide you with an attorney. However, if the court believes you can afford an attorney, you are expected to pay for, and provide, your own.


What is the duration of The Public Defender?

The duration of The Public Defender is 1.15 hours.


When was The Public Defender created?

The Public Defender was created on 1931-08-01.


Do you have to pay for a public defender in Louisiana?

When you apply for a public defender in Louisiana, there is a $40 application fee. This fee is just to pay for processing your indigency application, which is used to determine whether or not you qualify for a public defender. If your indigency application shows that you can't even afford $40, that fee may be reduced or waived. The first related link below is the official answer; just click on the 5th question, "Why do I have to pay a $40 application fee?" Except for that fee, the public defender is paid by the state and does not charge for services. The second related link has more details about your rights, and how the public defender is paid. I found this information at the third related link, which has links to local Indigent Defense offices and information in some parishes.


Can a public defender represent the victim and defendant?

Of course not! A public defender is paid by the public and represents the defendant.


Do you have to pay for a Public Defender in Maryland?

No, a public defender is appointed free of charge to those individuals who are charged with a crime and cannot afford an attorney. The public defender is an attorney, but one who is paid by the state or the county. A public defender may be appointed not only in a criminal case, but also in a juvenile, mental health or dependency case. For those who need additional resources, most states and courts offer self help and legal aid information. In Texas there is free and low cost civil legal assistance available through TexasLawHelp.org. Other resources for Texas legal aid can be found at http://www.courtreference.com/Texas-Courts-Self-Help.htm


What are a public defender's responsibilities within the courtroom?

The responibilities of a public defender in a courtroom is that they love to drink coffee.♥


Can you replace public defender in California?

In most states, you must petition the court if you want to change your public defender. That's because the court appoints the public defender, so only the court can make a change. That's true in California if your public defender is a court-appointed lawyer and not a member of the Public Defender's Office for your county. But in some California counties with large Public Defender's Offices, the office may let you switch lawyers. Napa County is an example; click the first related link and look for the answer to the question "I don't like my Deputy Public Defender. How do I get a new one?" You will have to check with your county's Public Defender Office. You can find their contact information at the second related link; just scroll down to your county and look for the "Public Defender" link.


What is are your rights when you want a public defender?

In order to have a public defender assigned to your case, you must meet certain income requirements. The requirements are different from state to state. In other words - if you can afford to hire and pay your own attorney, the court will not appoint you one paid for by the taxpayers.