You qualify for a free lawyer (“public defender“) in Las Vegas if:
- you are charged with a misdemeanor, gross misdemeanor and/or felony where the prosecutor is seeking jail time, and
- the court finds you “indigent.”1
How do I know I am indigent?
Courts look at the totality of your circumstances to decide whether you are indigent and therefore eligible for a public defender. There is no maximum wage or salary that automatically disqualifies you for a public defender.
During your arraignment (which is when you are formally charged in open court), the judge will ask if you can afford your own attorney (“private counsel”). If you answer no, the clerk will give you a form and affidavit to fill out with your:
- earnings,
- assets, and
- expenses.
Based on your specific financial situation, the court will then determine whether you are indigent.2
Are public defenders really free in Las Vegas?
Not always.
If you accrue enough money within six years of your criminal case, the court can order you to reimburse your court-appointed attorney. You can usually pay these legal fees in installments rather than through a lump-sum.
If making these payments would cause you a “manifest hardship,” you can petition the judge to reduce or waive them. You can also ask the judge to let you perform community service rather than make payments.3
Are public defenders as good as private attorneys?
Like private criminal defense attorneys, public defenders have graduated from law school, have passed the bar, and are eligible to represent anyone charged with a crime.
However, public defenders are overworked and understaffed. They simply lack the time to give their all to each of their hundreds of clients, and they are incentivized to close out cases as soon as possible.
In contrast, private counsel have fewer clients and can therefore devote much more time and resources to each one. Therefore, the odds of you getting a significant charge reduction or dismissal are much higher.
If at all possible, you are advised to hire a private criminal defense attorney to represent you. The upfront costs are worth the long-term benefits.
Can I choose my public defender?
No. If you cannot afford your own attorney, the court will appoint you an attorney of their choosing.
These attorneys usually come from the Clark County Public Defender’s Office, or else they are private counsel contracted through Clark County or the City of Las Vegas.
In practice, defendants get better case results with private counsel than with public defenders.
Additional resources
For more information, refer to the following:
- Clark County Public Defender – Court-appointed attorneys assigned to indigent defendants in Clark County, Nevada (which includes Las Vegas).
- Federal Public Defender – Court-appointed attorneys assigned to indigent defendants facing charges in federal court, the district of Nevada.
- Nevada Department of Indigent Defense Services (DIDS) – State department that assists counties in developing indigent defense systems.
- Las Vegas Justice Court – The court which has jurisdiction over all felony cases in Las Vegas and all misdemeanor cases in unincorporated Las Vegas.
- Las Vegas Municipal Court – The court which has jurisdiction over all misdemeanor cases in incorporated Las Vegas.
Legal References
- NRS 180. NRS 178. NRS 260. See also See also Argersinger v. Hamlin (1972 ) 407 US 25.
- NRS 171.188.
- NRS 178.3975. See also Gideon v. Wainwright (1963) 372 U.S. 335. Joe Purtell, Study: Nevada’s 15 rural counties are struggling to provide public defenders, Reno Gazette Journal (September 25, 2018). April Corbin Girnus, ‘Still a ways to go’ but indigent defense is improving in Nevada’s rural counties, Nevada Current (September 20, 2023).
