Defendants in Nevada criminal cases are entitled to a public defender if they are indigent and they are accused of either a felony, a gross misdemeanor, or a misdemeanor where the D.A. is seeking jail time. A person is indigent if he/she has insufficient resources to hire a private attorney.

When do defendants get a public defender?

During the arraignment – which is where the defendant is formally charged – the defendant can request that the court assign him/her a public defender. The defendant is then given paperwork to fill out to apply to get a public defender. The paperwork asks for details of the defendant’s finances as well as an affidavit where the defendant swears he/she is without the means to hire an attorney.

Note that indigent people can also get a public defender in other types of proceedings such as parole hearings, juvenile trials, involuntary commitment hearings, and parental termination petitions.

How do Nevada courts determine whether a defendant is indigent?

The court reviews the defendant’s finances to determine whether he/she is financially disabled enough to warrant a public defender. Since every defendant is different with his/her own expenses and circumstances, the judge looks at the totality of the situation when deciding whether he/she can get a public defender.

Can defendants choose their public defender?

No. Public defenders are randomly assigned to indigent defendants. If there is a conflict of interest with the public defender’s office, a private attorney may be assigned to the case.

Do defendants ever have to pay for a public defender in Nevada?

Yes. Defendants who make enough money within six years of the case are usually required to reimburse the public defender’s office. Often defendants can pay in installments instead of a lump-sum settlement. In rare cases, the court can execute a judgment against a defendant in an effort to reimburse the county or city for the public defender costs.

But defendants can always petition the court asking for these payments to be reduced or stopped completely if it would impose a “manifest hardship” on their family.

Another way defendants can pay back the county or city for the public defender is by performing community service.

Are private attorneys better than public defenders?

It is usually in a defendant’s best interest to hire his/her own private attorney if at all possible. Public defenders are fine lawyers, but they are severely overworked. They lack the time and resources to give their all to each client. In many cases, they do not look at a client file until the defendant’s name is called in court. And they often do not engage in the aggressive negotiation tactics necessary to secure a favorable resolution to a case.

Helpful Links:

• Clark County Public Defender’s Office
• City of Henderson Public Defender
• Washoe County Public Defender’s Office
• Nevada State Public Defender’s Office (for counties with populations under 100,000 which have no county public defender’s office)
• Federal public defender in Nevada

Legal References:

• NRS 178.3975 to NRS 178.39802 – Recoupment of Expenses of Defense of Indigents
• NRS 171.188 – Procedure of Appointment of Attorney for Indigent Defendant
• NRS 260 – County Public Defenders