Do Attorneys Take Criminal Pro Bono Cases?

If you or a family member is arrested and charged with a crime, you may be wondering do attorneys take criminal pro bono cases? The answer is probably not directly unless the crime is heavily publicized or you are a celebrity. It certainly can’t hurt to call an attorney and ask whether he or she takes criminal pro bono cases. However, even if you cannot find an attorney on your own who handles pro bono criminal cases, the U.S. Constitution and most state constitutions contain provisions that protect individuals to ensure that they are granted legal representation to ensure a fair trial. Here’s how it works.

In most states, the state, county or city courts where the crime has been committed may offer a program in which an attorney will be assigned to your case at no cost to you as long as you can document that you are of lower income and if the crime carries with it the potential for jail time. The state will pay them an hourly fee (or fixed fee) depending upon the crime charged and the time it takes to defend you.

Normally the attorney is appointed at the arraignment or when you first appear before the judge to hear the charges against you. You should always ask that a lawyer be appointed for you if you cannot afford a lawyer.

The state will then pay the attorney directly for representing you.

How the program works is that the participating attorneys voluntarily sign up with the courts and are sometimes called “assigned counsel.” Many young lawyers start their practice this way, until they build up a referral source and reputation for providing good legal services. Experienced lawyers will most like stop participating in the assigned counsel programs once they build their law practice.

Most of the assigned counsel programs are limited to people who, if found guilty, will serve time in jail. There are also programs that will provide legal representation to someone in family court situations that involve violence, neglect or other criminal charges. The best way to find out is to contact your local county bar association or the state bar association in the state you live in. They may have a website that provides information on where to find free legal services. Some states may also have rules that require attorneys to perform a certain amount of pro bono legal services.

Many large cities also have not-for-profit legal aid services that you can contact for more information. Again, it is recommended that you contact your local or state bar association for this referral source for whether or not attorneys do take criminal pro bono cases.