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Need a Public Defender in Florida? Here’s What You Need to Know

If you or a loved one need a Public Defender, here are some important facts to help you through the process. The Florida Public Defender Association (FPDA) does not handle Public Defender appointments, but we’re here to guide you in the right direction.

 

 

What is the Role of a Public Defender? 

A Public Defender is an attorney who has completed law school, passed the Florida Bar Exam, and is licensed to practice law in the state. Public Defenders are appointed by the court to defend individuals who cannot afford to hire a private attorney to ensure the accused's right to counsel.

Public Defenders are experienced attorneys who focus exclusively on criminal defense. They handle cases involving:

  • Felonies
  • Misdemeanors
  • Juvenile Delinquency
  • Criminal Traffic Offenses
  • Criminal Contempt
  • Baker Act & Sexually Violent Predator Act Cases

A Public Defender is bound by the same rules of confidentiality as any private attorney. Anything you discuss with your Public Defender is completely private and protected under the attorney-client privilege. This also means that the Public Defender cannot discuss the facts of your case with with family members as that is confidential information that falls under the attorney/client privilege. 

Public Defenders work tirelessly to ensure their clients receive fair treatment, due process, and a strong legal defense. Their mission is to protect the rights of individuals, regardless of their financial situation. They file motions, argue in court, negotiate with state attorneys and, when necessary, take cases to trial. Their role is to advocate for the best possible outcome for their clients—whether that means fighting for case dismissals, plea deals, or trial defense.

 

How Do I Get a Public Defender Appointed to My Case?

To get a Public Defender, you must first qualify by proving you cannot afford a private attorney. To qualify, you must fill out an Affidavit of Indigency form. 

  • Affidavit of Indigency (AIS) - This form determines if you qualify for a Public Defender.
  • You can get an AIS from the Clerk of Court in your county or a Public Defender’s Office. 
    • If you are out of jail – Contact the Clerk of Court or Public Defender’s Office in the county where your case is located.
    • If you are in jail – You will receive an Affidavit of Insolvency before your Initial Appearance (your first court hearing).
  • You must swear to the truth of your financial information and submit the form to the Clerk’s Office. Important: Lying on the affidavit is a crime. Be honest and fill it out completely.

Is There an Application Fee or Other Costs?

Yes, there is a $50 application fee, set by the Florida Legislature.

  • This fee is non-refundable, even if a Public Defender is not appointed.
  • Can’t afford the fee? You will still receive a Public Defender if you qualify. You can set up a payment plan through the Clerk of Courts Office.
  • If you are found guilty, you may have to pay additional court and prosecution costs.
  • If you are found not guilty, you may be refunded any fees you have paid.