How to Afford a Tampa Criminal Attorney

Mar 12
08:50

2010

Julianne Mayers

Julianne Mayers

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When facing a criminal charge, you need to seek for help from an attorney. You have the option to hire a private attorney and if not, you are entitled to have an court appointed attorney at public's expense.

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If you cannot afford a private Tampa criminal attorney then you do have the option of requesting a court appointed attorney to represent you for your case. Every citizen is entitled to the right of an adequate defense under the United States Constitution,How to Afford a Tampa Criminal Attorney Articles although in some states, state law may request the completion of a financial eligibility questionnaire to determine whether or not you could actually afford a private lawyer.


For those who cannot afford to hire a Tampa criminal attorney the court will appoint a lawyer to them at the public’s expense. If the defendant request a court appointed lawyer then the judge will usually appoint someone there and then whilst making the cost of the lawyer public and stating that the state is meeting the cost.


To request a court appointed attorney the defendant must ask the court to appoint a lawyer to them and provide details about their financial circumstances. As the defendant you will have the opportunity to request legal representation at the first court appearance or arraignment. The judge will ask if legal representation is present and if not, will ask if the defendant wishes to request court-appointed legal counsel. If the defendant answers yes then it is usual for someone to be appointed immediately (if present in court). In some cases the appointment may be delayed until after the financial questionnaire has been submitted and the defendant has been approved for state funded representation.


Every state will decide their own legislation on who should qualify for free legal counsel. Whilst financial circumstances are often taken into account, the seriousness and number of charges against a person can also affect the eligibility for state funded counsel. Often a judge may decline a request for a free Tampa criminal attorney on the basis that as a wage earner they can afford the representation as the crime is only minor. On the other hand they may rule that a defendant is not eligible for a court appointed attorney because the case is more complex and will take longer.


There is also the option of ‘partial indigency’ which some judges may evoke in cases where a defendant cannot afford the full cost of a private attorney, but is not at the same time eligible for free state help. Once the case is concluded the judge will request that the defendant pay back some of the legal costs to the state for the provision of an attorney.


If you make inquiries with private criminal attorney’s that it is worth familiarizing yourself with the way in which they calculate their fees and charges. Some lawyers will charge an hourly rate which can be negotiated and agreed upon before they commence work on your case. Others will charge a flat rate depending on the nature of the case and again this can be negotiated beforehand. Often though, those lawyers who charge a flat fee will require a percentage of the fee upfront as a retainer.