In Michigan, individuals charged with a crime have the constitutional right to legal representation.
In Michigan, individuals charged with a crime have the constitutional right to legal representation. For those unable to afford a private attorney, the state provides public defenders to ensure fair legal proceedings. Eligibility for a public defender is primarily determined by assessing the defendant’s financial status to establish indigence.
Defining Indigence in Michigan
Under Michigan law, a defendant is considered indigent if they cannot secure qualified legal representation without enduring substantial financial hardship. Several criteria are used to evaluate this status:
-
Public Assistance Recipients: Individuals receiving benefits such as food assistance, Temporary Assistance for Needy Families (TANF), Medicaid, disability insurance, or residing in mental health or substance abuse facilities are presumed indigent.
-
Income Threshold: Defendants earning less than 140% of the federal poverty level are presumed indigent.
-
Incarceration Status: Those currently serving a sentence in a correctional facility are presumed indigent.
If a defendant doesn’t meet these presumptive criteria, they may still qualify for a public defender through a detailed assessment. This evaluation considers the seriousness of the charges, monthly expenses, and local private attorney rates to determine if hiring private counsel would cause substantial financial hardship. The goal is to ensure that all defendants have access to adequate legal representation, regardless of their financial situation.
6th Amendment
In Michigan, individuals who are unable to afford legal representation have the right to receive a court-appointed criminal defense attorney. To initiate this process, they must submit a statement outlining their financial circumstances when requesting an attorney through the Michigan Courts.
Process for Obtaining a Public Defender
To request a public defender in Michigan, defendants should follow these steps:
Application Submission: During the initial court appearance, inform the judge of the need for a public defender. The court will provide an application form requiring detailed financial information.
Financial Assessment: Complete the application honestly, detailing income, assets, and expenses. This information helps the court determine eligibility based on indigence criteria.
Court Review: The judge reviews the application to decide if the defendant qualifies for a public defender. If approved, an attorney from the public defender’s office or a court-appointed private attorney will be assigned to the case.
It’s important to note that defendants cannot obtain a public defender before their first court appearance. Therefore, it’s crucial to request one promptly during this initial hearing.
Are Your Constitutional Rights Threatened?
Call Our Office
Komorn Law (248) 357-2550
Role and Expertise of Public Defenders
Public defenders in Michigan are licensed attorneys employed by the state to represent indigent defendants. Despite common misconceptions, many public defenders are highly skilled and experienced, often handling a wide range of criminal cases. However, due to limited state budgets, public defenders frequently manage heavy caseloads, which can impact the amount of time and resources they can dedicate to each case.
For defendants who do not meet the indigence criteria or prefer private representation, hiring a private attorney is an option. Private attorneys may have more flexibility and resources to devote to a case, but their services come with associated costs.
Sources of Information
Michigan Indigent Defense Commission (MIDC): The MIDC was established by the Michigan Indigent Defense Commission Act of 2013 and sets the standards for indigent defense services in the state. More information can be found on their official website.
Michigan Legislature: The Michigan Legislature’s website provides the legal framework for indigent defense services, including the MIDC Act and related statutes.
Federal Public Defender: Various legal resources and defender offices in Michigan offer additional information on public defender qualifications and services.
Other Posts
Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the writer to lighten the same old same old of other law sites. It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.
Recent

Forfeiture without Criminal Charges
Can the police seize your belongings and hold it without charging you with a crime?Read the summary below and watch Attorney Michael Komorn in the Court of Appeals.Summary of "Ruben Delgado v. Michigan State Police": This case was filed in the Jackson County Circuit...

Criminal Sexual Conduct (CSC) – Michigan
Criminal Sexual Conduct (CSC) in Michigan: Definitions, Penalties, and Legal References.Criminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses. These laws are categorized into four degrees, with each degree...
More
Michigan Appeals Court Decision on Cannabis Use and Probation
Michigan Court of Appeals - Recreational Cannabis Use and ProbationRecently, another pivotal case, People v. Lopez-Hernandez, was decided by the Michigan Court of AppealsAt Komorn Law, we are dedicated to protecting the rights of our clients and staying at the...
Facial Recognition and Wrongful Arrests
Facial RecognitionHow Technology Can Lead to Mistaken-Identity Arrests Facial recognition technology has become increasingly prevalent in law enforcement, but its use raises critical questions about civil liberties and accuracy. One landmark case sheds light on the...
Government Drones in Your Life – Yes, They Made up a Reason
Long Lake Township v. Maxon The Costs Outweigh Benefits in Exclusionary Rule Application and the Slippery Slope of Fourth Amendment ProtectionsThe recent decision by the Michigan Supreme Court in Long Lake Township v. Maxon represents a significant shift in the...
Oakland County Sheriff’s deputy fatally shot in ‘ambush’ while following stolen car
Oakland County Sheriff's deputy fatally shot in 'ambush' while following stolen carA deputy investigating a stolen car was shot to death Saturday night in Detroit in what Oakland County Sheriff Michael Bouchard called an ambush. Oakland County Sheriff's Deputy Bradley...
Michigan’s public employees are protected by government immunity for bad decisions
Sorry...Not SorryMichigan Governmental Immunity Laws Michigan’s governmental immunity laws provide legal protection to government agencies and their employees in negligence lawsuits. Here are the key points:Governmental Agency Immunity: A governmental agency is immune...
This drug will eat your flesh turn your skin green and it’s in Michigan
This illicit drug will eat your flesh, turn your skin green, scaly and it's in MichiganWe did not post any pictures depicting the results of abuse because it is horrifying. If you must see - Google for images of Krokodil.Authorities are warning to be cautious of...