Most people understand how important it is to obtain legal counsel as soon as possible after they are arrested or notified that there are criminal charges against them. However, many people do not realize that they may have more than one type of defense counsel available to them. All criminal defendants are free to locate and pay for a criminal defense attorney of their choosing. Unfortunately, many criminal defendants lack the financial resources to pay for a defense attorney. Fortunately, a decision made by the United States Supreme Court in 1963 guarantees the provision of legal counsel for defendants who are charged with a specific type of crime and cannot afford to pay for an attorney. States differ in how they fulfill the obligation placed upon them by the Supreme Court’s decision in Gideon v. Wainwright. States and counties are free to design their own methods of providing legal counsel to indigent defendants, so all defendants must understand how legal defense for the poor is provided in their county. With that information in hand, defendants can make an informed decision about what type of legal representation they wish to pursue.

For example, legal defense for impoverished defendants in Travis County is currently primarily provided by assigned counsel, private attorneys to whom the county pays a nominal fee to represent the defendants the county assigns to them. Juvenile defendants and some adult defendants who are mentally ill receive legal defense through a public defender’s office. Recently, a decision was made that will bring a public defender’s office to Travis County in the coming months. However, the new public defender’s office will only handle about a third of the county’s indigent defense cases. The rest will continue to be handled by assigned counsel. Many counties are like Travis County in that they provide criminal defense to impoverished defendants through some combination of public defenders and assigned counsel, so defendants must understand what each of those defense options looks like.

In our next article, we’ll take a closer look at the three types of legal representation that a Texas defendant might have available to them. The legal defense options that are available to you depend on the nature of the crime you are charged with as well as the financial resources you have available to you. For example, public defenders and assigned counsel are available to defendants who are accused of a felony or a misdemeanor that is punishable by imprisonment and who meet specific financial criteria. What this means is that even if you are charged with a felony or with a misdemeanor that is punishable by imprisonment, you may not qualify for the services of assigned counsel or a public defender even if you think that you cannot afford to pay private counsel.

If you are accused of a crime in Texas, it is critical that you make a wise choice about your legal representation. Time is of the essence, and not all legal defense options are created equal. Your rights and your freedom are at stake. Contact a Texas criminal defense attorney right away to begin pursuing resolution of your Texas criminal law matter. Learn more about criminal defense in Texas by calling Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.