Someone can be denied a public defender.
If the court determines that the person is financially able to afford their own attorney or lawyer and if the charges against them are minor or if there's a conflict of interest with the public defenders office then the person may be denied a public defender.
Although the right to legal representation in more serious cases where someone cannot afford an attorney is often protected by law.
This means that the judge should carefully review a persons financial situation before they deny the person a public defender.
There are only two reasons to be denied a public defender which include.
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).
The Constitution guarantees a person free legal help for those who are charged with a crime which might lead to imprisonment and who cannot afford a lawyer.
If you find yourself in this situation, request the appointment of a public defender when you first appear in court.
If you can afford to hire an attorney it can be well worth it, especially in serious cases.
Some downsides of a public defender include.
Lack of options: You don't get to choose the Assistant Public Defender.
Overworked: Unfortunately, Assistant Public Defenders are severely overworked by a never-ending caseload.
Limitations of Choice: Public defenders do not necessarily get to approve or deny what cases they work on.