Expert Advice When You Need It Most
Posted about 3 years ago. Applies to Texas, 7 helpful votes, 2 comments
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State CourtIn Texas, The Texas Code of Criminal Procedure demands that a court appointed counsel to represent you if you are indigent and are charged with either a misdemeanor punishable by confinement, or any type of felony. There is no set way to determine the indigence of the defendant - some courts have questionnaires, while in some courts, the Judge will simply verbally quiz you on your current financial state. If the court is satisfied that you are indeed indigent, an attorney will be appointed to represent you in court. Note, however, that if you are able to make bail, you will most likely not be considered indigent and will likely be asked to hire your own counsel. The Court might reset the case once (or in cases of sincere inability to find an attorney - twice) so that you can then find and retain counsel. 2
Federal CourtIf charged in federal court, you will be represented by an attorney from the Federal Public Defender office - a federal agency. In this case, many defendants qualify for court appointed counsel because the legal fees in federal criminal defense are significantly higher than their state equivalent. You will be asked to submit a financial affidavit and have it reviewed by a Magistrate. The Magistrate will determine if the defendant qualifies for appointed counsel, but may demand that the you pay some costs nonetheless. 3
Immigration CourtThere are no appointed attorneys in immigration court (officially called the Office of the Chief Immigration Judge). Because immigration proceedings are time-sensitive, it is vital to retain an attorney as soon as possible if facing removal/deportation. The attorney will likely be able to lower the bond to an amount affordable to you or your loved one to make bail, and then devise a legal defense strategy in accordance to your individual circumstances. Immigration court is a complex court and the rules, regulations, and caselaw is constantly evolving. Because of this, it is important to find an attorney who practices immigration law regularly. 4
Family CourtThere is no system in place for court appoint attorneys in family litigation. Do not assume, however, that the judge will be lenient with you if you represent yourself (called going "pro se"). Most people lack knowledge of statutory law, caselaw, rules of civil procedure, rules of evidence, and other aspects of legal practice which attorneys spend years studying, developing, and fine-tuning. In most cases, a "pro se" party usually suffers major losses in family court if the other side has hired an attorney. It is highly advised to retain an attorney when facing family litigation. Cost is the main concern of retaining counsel, but when asked, many attorneys will work on a payment plan system. Related Questions1 Attorney answers: 
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