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Indigent Defense Services

Indigent Defense Services

The NC Public Defense System

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I Need a Lawyer

For What Kind of Cases Can I Ask for An Appointed Attorney?

You are entitled to appointed counsel in the following circumstances:

  1. For any charge that carries the possibility of an active sentence or a fine of more than $500
  2. For a juvenile delinquency proceeding (see Juvenile Defender)
  3. If the State has taken your children in a DSS proceeding (see Parent Rep)
  4. In a direct appeal of a criminal conviction and in some post-conviction proceedings (see Appellate Defender)
  5. If you are civilly committed (see Special Counsel)
For What Kind of Cases Will the Court Refuse to Appoint an Attorney?

For the types of cases below:

  1. Traffic Infractions
  2. Parking Tickets
  3. DMV hearings
  4. Divorce, equitable distribution and child custody
  5. Petitioning the court to return property after the disposition of a case
  6. Most civil matters where you want to sue someone or someone is suing you, including small claims, districts and superior courts and any appeals from these civil courts
  7. Gun permits or denial or gun permits
  8. Expungements

(See groups that offer assistance)

How Do I Get an Attorney for My Case?

You ask. For a pending criminal case, the usual process is for the judge at your first court appearance to offer you three choices about counsel:

  1. Request court-appointed counsel;
  2. Find, hire, and pay for your own attorney; or
  3. Represent yourself. 

If you ask for court-appointed counsel, you must fill out an affidavit of indigency. This is a paper on which you tell the court how much money you have, what assets (a car, a house) you have and what you pay for rent, child support and other expenses. You will swear that your answers are true and could be prosecuted for perjury of you lie about any of these things. The court will review this affidavit of indigency and either approve your request or deny it. 

Is a Court-Appointed Attorney a Free Attorney?

No. If you plead guilty or are found guilty or if you are not successful in your appeal for which you have an appointed attorney, you may be required to pay back the State which pays your attorney, plus the $75 fee for having an appointed attorney. (See the page about attorney fees for more detailed information.) NOTE: if you are a juvenile in juvenile court, your parents/guardians are responsible for any attorney fees. See the Juvenile Defender site.

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What Are My Rights?
I Need a Lawyer
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Contact Us

Indigent Defense Services
123 West Main Street, Suite 400
Durham, North Carolina 27701
Phone: (919) 354-7200
Fax: (919) 354-7201

Setoff Debt Program Taxpayer Inquiry Line: (919) 890-1655

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