We’ve all heard the speech on TV: You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.
However, this is not always true. While public defenders are usually quite knowledgeable, they often have huge caseloads and you do not get to choose your lawyer.
Our Las Vegas criminal defense lawyers have the experience, time and resources to devote to your representation. We offer flexible payment options and a variety of services – including consultation if you choose to represent yourself in Nevada.
To help you decide whether a public defender is right for you, our Nevada criminal lawyers address the following, below:
- 1. When do I have the right to a public defender in Nevada?
- 2. The definition of “indigent”
- 3. How do I get a public defender?
- 4. How much does a public defender cost?
- 5. Additional resources
1. When do I have the right to a public defender in Nevada?
In Nevada, you have the right to a public defender when you are indigent and you are accused of:
- A felony;
- A gross misdemeanor; or
- A misdemeanor for which the prosecutor is seeking jail time.1
This means that if you were arrested on misdemeanor charges and the prosecutor is seeking a fine, public service, counseling and/or restitution only, you do not have the right to a public defender.
Indigent people are also entitled to a public defender in juvenile proceedings, involuntary commitment hearings, parental termination petitions, parole hearings at the Nevada Department of Corrections, and in juvenile and family drug court.
2. The definition of “indigent”
Before you can be appointed a public defender, the court must make a finding that you are indigent.
Indigency is generally defined as not having enough resources to hire private counsel. The decision is made jointly by Court Services and the judge presiding over your case. They will take into account your current financial circumstances after examining your financial assets and liabilities.
3. How do I get a public defender?
On television, a lawyer magically shows up when you ask for one.
But in practice, you must usually make the request to the judge when you appear in court. Your request must be accompanied by an affidavit that states that you are without means of employing an attorney and which sets forth specific facts concerning your financial disability.2
The judge may make further inquiries. If he or she agrees that you are indigent and determines that representation is required the judge will designate the public defender of the county or the State Public Defender, as appropriate, to represent you.3
If you qualify for a public defender, you will not get to choose your lawyer. The court will send you a letter telling you the name of the attorney who will be assisting you. You may also call the court for the information.
Your attorney will counsel and defend you at every stage of your proceeding, from arraignment to trial and sentencing and, if necessary, revocation of probation or parole. The public defender will also prosecute appeals and other pre- and post-conviction remedies that he or she considers to be in the interests of justice.4
4. How much does a public defender cost?
Public defenders are free. This was not always the case, but they cost you nothing if you are appointed one.5
5. Additional resources:
- Clark County Public Defender’s Office
- Washoe County Public Defender’s Office
- City of Henderson Public Defender
- Nevada State Public Defender’s Office (for counties with populations under 100,000 which do not have a county public defender office)
- Federal public defender in Nevada
Accused of a crime in Nevada? Contact us for a consultation…
Before requesting a public defender, why not contact us for a consultation? Our Las Vegas criminal lawyers will review your case and give you an estimate of the costs of obtaining experienced, aggressive legal help for your Nevada criminal charges.
To speak to one of our lawyers, call us or complete the form on this page.
Legal resources:
- NRS 178.397: Every defendant accused of a gross misdemeanor or felony who is financially unable to obtain counsel is entitled to have counsel assigned to represent the defendant at every stage of the proceedings from the defendant’s initial appearance before a magistrate or the court through appeal, unless the defendant waives such appointment; See also Argersinger v. Hamlin (1972 ) 407 US 25.
- NRS 171.188 (1) and (2).
- NRS 171.188 (3).
- NRS 260.050.
- SB 120 (2025).