Am I entitled to a lawyer in court?

Yes. If you are facing criminal charges in Massachusetts, you have the right to be represented by a lawyer. You may hire your own attorney, and if you cannot afford one, the court may appoint an attorney for you if you qualify as indigent.

Massachusetts law recognizes the right of an accused person to be heard by counsel, to defend themselves, to produce witnesses and evidence, and to confront the witnesses against them. You can review Massachusetts General Laws Chapter 263, Section 5.

What If I Cannot Afford a Lawyer?

If you cannot afford to hire a lawyer, the court will usually ask you questions about your income, assets, expenses, and financial situation. This is used to determine whether you qualify for a court-appointed attorney through the Committee for Public Counsel Services.

Mass.gov provides information about Massachusetts law about the right to legal counsel, including court-appointed lawyers in criminal and certain non-criminal cases.

Is a Court-Appointed Lawyer Free?

Not always. If the court appoints a lawyer, you may be assessed a counsel fee unless the court waives it based on your financial circumstances. In some cases, the court may also determine that you are able to contribute toward the cost of representation.

The exact amount and whether it can be waived depend on your financial situation and current court rules. If you are unsure, ask the court or speak with an attorney before assuming what you will owe.

Should I Hire My Own Lawyer If I Can?

If you can hire your own lawyer, doing so allows you to choose the attorney who will represent you. A private criminal defense attorney can begin working with you before court, review the police report and complaint, prepare for arraignment, challenge bail or release conditions, and develop a defense strategy early.

For more information, read: Do I Need a Lawyer When Facing Criminal Charges in Massachusetts?

Speak With a Massachusetts Criminal Defense Attorney

If you are facing criminal charges, do not wait until the case gets worse. Legal representation can affect bail, court conditions, negotiations, motions, trial strategy, and the long-term outcome of your case.

If you need a lawyer for a criminal case in Massachusetts, contact The Law Offices of Elliot Savitz & Scott Bradley today for a confidential consultation.