How public defender eligibility is screened
Two separate questions decide whether a court appoints counsel: whether the charge carries a right to a lawyer at all, and whether the defendant is financially unable to hire one. This tool lines up a household income against the federal poverty guideline multiple the court uses and shows where the charge falls.
Legal basis: Gideon v. Wainwright, 372 U.S. 335 (1963), applies the Sixth Amendment right to counsel to state felony prosecutions. Argersinger v. Hamlin, 407 U.S. 25 (1972) extends it to any offense that actually results in imprisonment, and Alabama v. Shelton, 535 U.S. 654 (2002) to suspended sentences. In federal court, appointment runs through the Criminal Justice Act, 18 U.S.C. §3006A, which asks whether the defendant is financially unable to obtain counsel. Screening multiples of the HHS poverty guidelines vary by district and state. Reviewed as of September 2026; the guidelines themselves are reissued each January.
Because the court weighs assets and obligations too, an income figure alone does not settle it.
This calculator is for reference only and is not legal advice. Consult a licensed attorney or the local public defender's office about your situation.
Frequently Asked Questions
No. The Criminal Justice Act asks only whether a defendant is financially unable to obtain counsel, and each federal district and state court sets its own screening standard, commonly expressed as a multiple of the HHS poverty guidelines.
Many jurisdictions can order a contribution or recoupment from defendants with some ability to pay, and some charge an application fee. The rules and the amounts differ widely, so ask the clerk or the defender's office.