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If you are charged with an indictable offense in New Jersey (called a felony in other states), you are entitled to be represented by an attorney, whether or not you can afford one. If you cannot afford an attorney, you can apply for a public defender and the court will decide if one can be appointed to represent you.
While the success rate for other defense attorneys edged up only from 12% (2008-09 through 2018-19) to 13% (2019-20 through 2022-23), for public defenders it nearly doubled, soaring from 18% to 35%.
Denial of Right to Counsel Deprivation of a defendants right to counsel, or denial of a choice of attorney without good cause, should result in the reversal of the defendants conviction, ing to the U.S. Supreme Court. United States v. Gonzalez-Lopez, 548 U.S. 140 (2006).
There are only two reasons to be denied a public defender: 1) The charge does not qualify (ie there is no possible jail penalty) or 2) the person is not indigent (the court has found, after an evidentiary evaluation, that the person can afford to hire private counsel).
If there is a determination to deny the services of the Public Defender, the determination is to be subject to the final review of the Assignment Judge or his designee. The court is also to designate a court support office which is to conduct an investigation of a defendants financial status.
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0:24 1:56 If the Court decides the potential punishment doesnt warrant a public defender. You may not qualifyMoreIf the Court decides the potential punishment doesnt warrant a public defender. You may not qualify for instance in minor offenses where jail time is unlikely a public defender may not be appointed.

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