Find Help
If you or someone you know has been charged with a crime and cannot afford an attorney, the Department of Public Advocacy may be able to help. Here is how the process works.
How to Get a Public Defender
You are charged with a crime
When you are arrested or charged with a criminal offense in Kentucky, you have the right to an attorney. If you cannot afford to hire one, you can request a public defender.
Tell the judge you need a public defender
At your first court appearance (arraignment), the judge will ask if you have an attorney. Tell the judge you cannot afford one and would like a public defender appointed.
Complete a financial affidavit
The court will ask you to fill out a form detailing your income, assets, and expenses. This determines whether you qualify for a public defender at no cost or with a partial fee.
A DPA attorney is assigned to your case
Once approved, a Department of Public Advocacy attorney from your local office will be assigned to represent you. They will contact you to discuss your case and next steps.
Eligibility Requirements
Public defender services are available to anyone who faces criminal charges and cannot afford to hire a private attorney. Eligibility is based on your financial situation, not the type of charge. The court reviews your income relative to federal poverty guidelines to make this determination.
In some cases, the court may appoint a public defender and require a partial contribution based on your ability to pay. You will never be denied representation solely because of a partial-pay determination.
Your Rights as a Client
When DPA represents you, you have the right to: confidential communication with your attorney, regular updates about your case, participation in decisions about your defense strategy, and access to investigation and expert resources when your case requires them.
Your public defender works for you, not the court or the prosecution. Everything you share with your attorney is protected by attorney-client privilege.
What to Expect from Your Defender
Your DPA attorney will investigate the facts of your case, review the evidence against you, advise you on your legal options, negotiate with prosecutors when appropriate, and represent you at trial if your case goes that far. Public defenders carry heavy caseloads, so be patient, but you should always be able to reach your attorney through their office within a reasonable time.