Asking the court to appoint a lawyer

Who qualifies

The right to appointed counsel applies where a conviction could result in the loss of liberty — meaning any jail or prison time is a possible outcome, even if unlikely for a first offense. Eligibility is based primarily on household income relative to federal poverty guidelines, though a judge has some discretion to consider other financial circumstances, such as debt or dependents.

The affidavit of indigency

At your first appearance, you will be given a form asking about your income, assets, and household size. This is a sworn statement — signing it falsely is itself a criminal offense. A magistrate or judge reviews it, sometimes asking a few follow-up questions, and either appoints counsel or advises you that you do not qualify and may hire private counsel or represent yourself.

What appointed counsel does

An appointed lawyer, whether a public defender or private attorney assigned by the court, represents you with the same duties and obligations as a retained lawyer. They will review the evidence against you, advise you of your options, negotiate with the prosecutor where appropriate, and represent you at hearings and trial if the case proceeds that far.

The recoupment fee

North Carolina generally requires anyone who receives appointed counsel and is later convicted to repay a portion of the cost, called an appointment fee, as part of court costs. This fee is separate from any fine and is set by statute rather than by the actual cost of your specific representation. A judge has some ability to waive or reduce it based on your circumstances at sentencing.

If your circumstances change

If your financial situation changes significantly during the case — for better or worse — you may ask the court to reconsider your eligibility for appointed counsel at any point before the case concludes.