If a person can't afford the fees normally charged by criminal defense lawyers, the person will want the court to appoint a lawyer for him or her at government expense. To do this, the person must:

• ask the court to appoint a lawyer, and

• provide details about his or her financial situation.

A person's first opportunity to ask the court to appoint a lawyer is usually at his or her first court appearance, often called the arraignment.

Typically, the person shows up in court on the day indicated on the citation or bail receipt -- or the person is escorted to the court courtesy of the local sheriff if he or she hasn't posted bail -- and waits to be called. After being called, he or she moves to the place indicated by the bailiff (the court officer). Most often the judge will inquire about whether the person is represented by a lawyer. If he or she is not, the judge will ask the person whether he or she wishes to apply for court-appointed counsel. If the person says yes, some courts appoint a lawyer right then (if one is available in court) and finish the arraignment. After that the person is asked to fill in a financial questionnaire to be sure he or she qualifies for a court-appointed attorney. Other courts delay the case and only appoint a lawyer after the person's economic circumstances have been reviewed and the person has been approved for a lawyer at the state's expense.

Each state (or even county) makes its own rules as to who qualifies for a free lawyer. Also, the seriousness of a charge may affect a judge's decision as to whether a defendant is eligible for free legal assistance. For example, a judge may recognize that a wage-earner can afford the cost of representation for a minor crime, but not for one involving a complicated and lengthy trial.

Most states also provide for "partial indigency." This means that a judge may allow a defendant who doesn't qualify for free help but who cannot afford the full cost of a private lawyer to receive the services of a court-appointed attorney. At the conclusion of the case, the judge will require the defendant to reimburse the state or county for a portion of the costs of representation.