The right to an attorney is protected across the country by requiring the government to provide you with a lawyer if you cannot afford one. The entire purpose of public defenders is to provide no-cost lawyers to those who need them, but using a public defender is not possible or proper for everyone.
A public defender in NJ technically costs $0, and they are provided only on a need-based basis to those who cannot afford a lawyer of their own. However, the typical adage that “you get what you pay for” sometimes feels like it applies to public defenders. Many people who might qualify for a public defender might be better off with a private defense lawyer instead, and many cannot qualify for a public defender anyway.
For help with your case, call the Law Offices of John J. Zarych’s NJ criminal defense lawyers for a free case assessment at (609) 616-4956.
Does it Cost Any Money to Hire a Public Defender in NJ?
Public defenders (PDs) are free lawyers provided to those who cannot otherwise afford to get a lawyer for their criminal case. There used to be fees for using a public defender, but Gov. Murphy eliminated them in June 2023. However, there are other application fees involved that might be a barrier to PD services truly being “free.”
You do not have to pay for a PD’s services, but you might not be entitled to get a PD in your case. Additionally, using a public defender might ultimately mean losing your case if the defender does not have the time and resources to spend on your case looking for evidence or motions they can use to potentially shut down the case against you.
Should I Use a Public Defender or a Private Defense Attorney in NJ?
If you are facing criminal charges, your future is on the line. Even low-level offenses – called disorderly persons offenses or petty disorderly persons offenses in NJ – can lead to fines and a potential term of incarceration. When jail time is a risk, you might want to hire your own lawyer instead of using a public defender, even if you otherwise qualify for a PD. When jail is not a risk, you might not be eligible for a PD anyway.
Public defenders in New Jersey are paid by the government to provide counsel to those who can’t afford their own lawyers. This means that if you are considering using a PD, you might have no choice because you cannot afford your own lawyer. However, if you can get the money for a defense lawyer from a family member or through crowdfunding, it might put you in a more advantageous position in your case.
Public defenders are often underpaid and overworked even though many of them are incredibly sharp lawyers. Some lawyers claim that PDs are new or inexperienced, but public defender’s offices often have a mix of new and experienced lawyers, so that is not always true. These lawyers are by no means defective or ineffective, but the sheer volume of cases they are supposed to handle can often stop them from being able to put their all into every case.
When you work with a private NJ criminal defense lawyer like those at our firm, we are often in a better position to meet with you and spend individualized time on your case in a way that PDs are not. Many defendants only meet their PD for the first time in court, and only get minutes with them before preliminary hearings or initial stages of their case. While your PD might have already looked into your case, talked with the prosecution, and investigated possible defenses and plea offers, it might not feel like you have had much say in your own case – in your own future. With a private lawyer, we can take the time to explain the charges and your potential options to you.
Do I Qualify for a Public Defender in NJ?
As mentioned, public defenders are only there for those deemed unable to afford their own lawyer. Gideon v. Wainwright (1963) was a landmark U.S. Supreme Court case that held that the 6th Amendment’s guarantee of the right to a lawyer required the states to provide lawyers to defendants who cannot afford their own lawyers – something we refer to as being “indigent.” If you are not indigent, it means that you have enough income or other money on hand to afford a lawyer, and the state will not provide you with a public defender.
In New Jersey, people who want a public defender can apply with the courts to get someone from the New Jersey Office of the Public Defender (NJOPD) appointed – but it is the courts that make the ultimate decision, not the NJOPD. When applying, you need to fill out a form explaining your charges and your income and financial situation. The court will then decide whether you qualify for a PD or not.
Under NJ law, you are considered “indigent” (and thus qualify for a public defender) under the rules in N.J.S.A § 2A:158A-14. Instead of using a hard cutoff income limit or something like that, the courts make a case-by-case determination based on income, assets, expenses, and ability to pay. They also make this determination based on the actual estimated value of the services you need. Courts might even require you to go ask at least three private defense lawyers whether their services are within your budget before they will relent and give you a PD. They can also take your parents’ or friends’ willingness to pay for your lawyer into account to deny you.
Another factor in whether you qualify for a PD is what your charges are. Charges that are only in municipal court or are not considered felony-level “indictable offenses” will not qualify you under the definition of an “indigent defendant” found in N.J.S.A. § 2A:158A-2.
NJ Criminal Defense Lawyers Offering Free Case Reviews
If you need help with your case, call our Ocean County, NJ criminal defense lawyers at the Law Offices of John J. Zarych today at (609) 616-4956.
