Court-appointed defense lawyer: when a lawyer is assigned to you

In serious criminal proceedings a defense is required, then a court-appointed defense lawyer is assigned to you, even if you cannot pay for one yourself. Contrary to what is often thought, this does not depend on income alone, but above all on the seriousness of the case.

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Your chances of getting your money back

In cases of mandatory defense, such as serious accusations, imminent pretrial detention or a hearing before higher courts, a court-appointed defense lawyer is assigned to you (§§ 140, 141 StPO). You have a right to propose a lawyer you trust.

The assignment depends on the seriousness of the case, not on income alone. The state treasury advances the costs; but in case of a conviction they can be imposed on you.

What you should do now

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1. Check mandatory defense
Is there a case of mandatory defense (seriousness of the accusation, detention, higher court)? Then there is an entitlement to an assignment.
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2. Propose a lawyer
You can name a defense lawyer you trust, who is assigned to you as the court-appointed defense lawyer.
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3. Apply for the assignment
The application is filed with the court, best through the desired lawyer.
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4. Clarify the costs
The treasury pays at first; in case of a conviction the costs may come to you. With a low income, relief is possible.

How to spot the scam

You defend yourself in a serious accusation, although there is mandatory defense.
You are not granted a lawyer of your trust.
You assume the court-appointed defense lawyer is always free of charge.

Frequently asked questions

When do I get a court-appointed defense lawyer?

In cases of mandatory defense, such as serious accusations (felonies), imminent or existing pretrial detention or a hearing before certain courts (§§ 140, 141 StPO). Then a defense lawyer is assigned to you, regardless of whether you can pay for one yourself.

Can I choose the lawyer?

Yes, you have a right to propose. You can name a criminal defense lawyer you trust, who is assigned to you as the court-appointed defense lawyer. Use this right and choose a lawyer you trust.

Is the court-appointed defense lawyer free?

The state treasury advances the costs at first. If you are convicted, the defense costs can be imposed on you. With a low income there is relief. So the court-appointed defense lawyer is not free of charge for good in every case.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.