You may be familiar with the Miranda rights, and the promise that “if you cannot afford a lawyer, one will be appointed for you.” This promise is fulfilled through the public defenders office, or sometimes through a rotating list of volunteer lawyers. This promise that a lawyer will be provided for you, however, only applies when you meet certain financial thresholds.
You can be denied a lawyer if you are deemed to have the financial means to afford a lawyer. There are thresholds that courts look at when determining whether you are “indigent” and cannot afford a lawyer, such as determining whether you fall under 150% of the national “poverty line.” If you are deemed financially well-off enough to afford your own lawyer, the courts will deny you a public defender. Instead, you would have to get your own lawyer – which might be better in the end.
For help with your case, call our Salt Lake City criminal defense lawyers at Overson Law today at (801) 758-2287.
Do You Have a Right to a Public Defender in Utah?
The 6th Amendment to the U.S. Constitution guarantees the right to counsel – i.e., a lawyer – in any criminal case. The Supreme Court found in Gideon v. Wainwright (1963) that this right, along with the rules of the 14th Amendment, requires states to provide a lawyer to those who cannot afford one. This is where a public defender comes in.
Public defenders are the lawyers e provided for free (or with low-cost fees) to defendants who cannot afford lawyers. This helps guarantee the right to an attorney, but it does not kick in if the defendant can afford to hire their own Utah criminal defense lawyers.
Instead of using a public defender’s office, some smaller communities will instead have a list of local defense lawyers that rotate through taking cases either on a pro bono (i.e., unpaid volunteer) basis or for a fee provided by the government. Judges can also appoint a lawyer if there is no one else to defend an indigent defendant.
Minors also have a right to a public defender and are often automatically considered indigent, given that kids do not have the same rights to property and ability to work that adults do.
When Public Defenders Can Be Denied in Utah
Because public defenders are only given to defendants who can afford one, you have to qualify as “indigent” to get a public defender. Otherwise, the court can deny your request and tell you to go find a lawyer to hire. Utah Code § 78B-22-202 lays out the rules for how courts determine “indigency,” using two main threshold questions.
First, you are considered indigent if your income is “at or below” the limit of 150% of the national “poverty line.” This is a nationally determined limit set by the U.S. Department of Health and Human Services (HHS). HHS sets “poverty guidelines” based on the number of people in the household, with 2024 numbers indicating poverty for one-person households making $15,060, two-person households making $20,440, three-person households making $25,820, four-person households making $31,200, and so on. Therefore 150% of these numbers – the limit for indigency in Utah – would be $22,590 for 1 person, $30,660 for 2 people, $38,730 for 3 people, and $46,800 for 4 people.
Most families in Utah make over this limit, with data showing a median income (per person) of around $37,000 and under 10% of the population living in poverty. So instead of looking just at the 150% of the poverty line as the only limit, courts can also analyze your actual income, expenses, cost of living, cost of dependents (i.e., children in your household), and other factors to determine whether you actually have money to spare to hire a lawyer or not.
There are some limits on these calculations and decisions. First, minors are to be considered indigent and should be given lawyers in most situations. Second, you cannot stop working or give away your money to ensure you meet the income limits for a free lawyer.
Can I Reject a Public Defender in Utah?
Just because you are deemed to have a low enough income to get a public defender does not mean you must use a public defender or that you should actually use one. In many cases, public defenders are overworked and underfunded, and the services they can provide are limited in ways that our attorneys and other private attorneys’ services are not.
Even if you are personally “indigent,” you can have others fund your defense. Parents, other family members, local aid organizations, and even crowdfunding can provide the money needed to hire a lawyer of your choice. Because public defenders simply have too big of a caseload to spend time with each client, pursuing a strong defense with a public defender might be impossible.
If you are deemed to make too much money for a public defender, you might have no choice but to pay for a lawyer you can choose.
Can I Get a Lawyer of My Choice for Free in Utah?
Public defenders are given to those who cannot afford a lawyer, but you cannot choose to get a different free lawyer. There is also the issue that there are often fees involved with getting a public defender, so these lawyers are not 100% “free” to begin with.
If there is a conflict with the public defender appointed to your case – e.g., if you have a prior relationship or legal dealings with them – then the office should find you a different defender. However, you cannot choose to get a different lawyer for free (or for the same fees) because of personality differences or other grounds involving mere preference or choice.
However, you always have the opportunity to reject the public defender and choose your own paid lawyer. If you want to meet with us and determine whether we would be a good fit, we offer free case assessments. If you find that you do not like the attorney you are currently working with and want to see if our services are a better fit for you, you are welcome to contact us at any time.
Call Our Utah Criminal Defense Lawyers Today
If you want to choose our Park City, UT criminal defense lawyers instead of working with a public defender, call Overson Law at (801) 758-2287 right away.
