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Procedure for Appointment of Attorney for Indigent Defendant

Las Vegas Criminal Attorney Unveils How Court Appoints Lawyers in Nevada Under chapter 172

Indigent DefendantAfter an arrest, defendants are informed of their right to be represented by an attorney.  Defendants are also informed an attorney will be provided for them if they are unable to afford one.  If a lawyer is appointed to you, that attorney will usually be a public defender.

While a public defender may be available to help you when facing charges, public defenders are often overworked, have limited time to provide representation to each client, and may not be familiar with the specifics of the charges you are facing.

Your best option when charged with any crime is to do your research, find a Las Vegas defense lawyer with a good reputation, and ensure that the attorney you hire has experience representing clients facing charges similar to the accusations being made against you. LV Criminal Defense works with clients to ensure that you get the representation that you need from a lawyer with experience so you can have the best chance of avoiding conviction.

How is an Attorney Appointed for an Indigent Defendant?

Nevada Revised Statute 171.188 sets forth the rules for the process of ensuring an indigent defendant is provided with a lawyer. According to the relevant Nevada law, any defendant who has been charged with a crime can make an oral statement requesting an attorney to represent him. The oral statement can be made to a municipal judge, to a district judge, to a justice of the peace, or to a master.

The defendant’s oral request for a lawyer must be accompanied by an affidavit indicating the defendant does not have the means to hire an attorney and must provide facts that are particular, definite, and certain enough to show the financial disability making it impossible to afford a lawyer.

The district judge or other official who the defendant made the request to must consider the defendant’s application and make any further inquiries deemed necessary. If the official finds the defendant does not have the means to hire a lawyer or otherwise determines representation is required, the official should designate an appropriate public defender to represent the defendant. If the appropriate public defender cannot represent the defendant, another attorney has to be appointed. The public defender or any other appointed attorney will be reimbursed by the county for costs incurred in providing representation.

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Finding Your Own Attorney

If you are told you make too much money for a public defender, you will need to find your own lawyer. If you are concerned about whether the public defender can provide adequate legal representation, you should also find your own attorney to help you.

With many criminal cases, there is a significant amount of money at stake because you could face fines if convicted, and you could be jailed and miss out on work time if convicted.  You could also be forced to make restitution to victims.  It is a wise financial investment to pay for a lawyer who has the experience, skills, and ability to defend you when you are charged with a crime.

If you decide to find your own attorney instead of relying on a public defender, be certain to find a lawyer who has a strong reputation for providing top-notch legal advice to clients and be certain that your lawyer has represented clients in cases similar to yours.  While every case is different, it benefits you if your lawyer has successfully defended clients facing similar charges in the past.

A Las Vegas Criminal Defense Lawyer Can Help 

LV Criminal Defense has a long track record of providing skillful and compassionate legal representation to clients facing misdemeanor or felony charges. If you have been charged and you want to make sure your lawyer has the legal knowledge and insight necessary to help you build the strongest defense possible under the circumstances, call our legal defense team today to speak with a Vegas defense lawyer you can trust.

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