October 31, 2025 | Criminal Defense
Being charged with a crime is a serious matter. Whether you’re facing misdemeanor or felony charges, the potential consequences can include incarceration, steep fines, and long-term impacts on your personal and professional life.
But what if you can’t afford to hire a criminal defense attorney? Fortunately, the law provides important protections to ensure you’re not left to navigate the criminal justice system alone.
This article examines the consequences of a defendant being unable to afford legal representation, the process involved in Indiana, and the options for individuals who don’t meet the criteria for a court-appointed attorney but still struggle to pay legal fees.
Your Right to a Lawyer in Criminal Cases
Under the Sixth Amendment to the U.S. Constitution, anyone accused of a crime that carries the potential for jail or prison time has the right to legal counsel. This applies in both federal and state courts. The U.S. Supreme Court reinforced this right over six decades ago in Gideon v. Wainwright, ruling that states must provide attorneys to indigent defendants facing criminal prosecution.
This ruling ensures that individuals are not denied a fair trial simply because they cannot afford a lawyer. In Indiana, if you’re charged with a crime and claim you can’t afford an attorney, the court must evaluate your financial status and, if appropriate, appoint one for you.
The Process for Requesting a Court-Appointed Attorney in Indianapolis
In Marion County and throughout Indiana, if you’re arrested and appear in court without legal representation, the judge will first advise you of your rights. If you indicate that you don’t have an attorney and can’t afford one, the court will ask you to complete a financial affidavit. This form includes details about your income, expenses, dependents, and debts.
The court uses this information to decide whether you qualify for a public defender. If you do, one will be assigned to your case—typically from the Marion County Public Defender Agency. This service is meant to ensure equal access to justice regardless of financial means.
Understanding the Role of a Public Defender
Public defenders are fully licensed attorneys who represent individuals who cannot afford private counsel. Many are highly experienced and dedicated to protecting their clients’ rights. However, public defenders often manage large caseloads, which may limit the amount of time they can dedicate to each case.
A public defender can still provide a strong defense, negotiate plea deals, and represent clients at trial. However, defendants should be aware that communication may not always be as frequent or personalized as it would be with a private attorney.
What if You Don’t Qualify But Still Can’t Afford an Attorney?
It’s possible for a court to decide that you don’t meet the threshold for a public defender—even if paying for a private lawyer would be financially burdensome.
In these situations, you might still have options:
- Payment plans: Many law firms offer structured payment plans to spread legal costs over time.
- Sliding scale fees: Some attorneys adjust their rates based on a client’s financial situation.
- Pro bono representation: Nonprofits and legal aid organizations may provide free representation in limited circumstances.
- Limited-scope representation: Some lawyers offer assistance with specific parts of your case, such as reviewing a plea agreement, at a lower cost than full representation.
Considering these factors, seeking legal counsel is almost always a better option than attempting to navigate the criminal justice system alone.
Contact Suhre & Associates DUI and Criminal Defense Lawyers Today for a Free Consultation With Our Indianapolis Criminal Defense Attorneys
If you’re charged with a crime in Indianapolis and can’t afford a lawyer, you may still have options. Courts in Indiana are required to appoint legal counsel for defendants who qualify. Even if you don’t meet that threshold, payment plans, legal aid, and reduced-fee arrangements may still allow you to access quality representation.
Legal representation isn’t just a formality—it’s one of the most powerful tools you have to protect your rights and fight for your future.
If you are facing criminal charges in Indianapolis and are unsure how to afford an attorney, reach out to Suhre & Associates DUI and Criminal Defense Lawyers. With 100+ years of combined experience—including as former police officers and prosecutors—our attorneys know how to defend your rights and navigate the local courts effectively.
Contact us now to schedule a complimentary consultation with an experienced Indianapolis criminal defense lawyer.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000,
Indianapolis, In 46204
(317) 759-2599
