If you are an indigent defendant in a Colorado criminal case, you may be eligible for a court-appointed attorney called a deputy public defender.
To qualify for a Colorado public defender in 2024, the annual income limit for a one-person household is $ 26,355 . For a two-person household, the limit is $35,770. For a three-person household, the limit is $45,185.
You have to apply for a public defender by revealing to the court your household income, expenses, and assets. Although public defenders are paid by the state, you are their client. Plus they take criminal cases all the way to trial if necessary.
If you are incarcerated, you are automatically appointed a public defender for as long as you remain in custody. Though if you bail out or get O.R. release after your public defender has been appointed, you need to formally apply to keep your public defender by completing a JDF208 Form – Application for Public Defender. Otherwise, the court may withdraw your public defender mid-case.
If you are out-of custody, you must always apply for a public defender by filling out a JDF208 Form – Application for Public Defender. Typically judges ask you at the first court appearance (the arraignment) if you can afford your own attorney. When you answer no, the clerk will hand you the JDF208 Form.
Not everyone who applies for a public defender gets one. Only indigent defendants who meet the state’s income requirements qualify. (These income requirements are discussed below in question 3.)
Note that public defenders are available only to indigent defendants facing criminal charges for felonies or for misdemeanors carrying jail time. 1
Colorado’s JDF208 Form first asks for all your sources of income, including:
(Your gross income should not include money from child support, TANF, public assistance, subsidized housing assistance, or veteran’s disability.)
Then the JDF208 Form asks for your expenses, such as:
Finally, the JDF208 Form asks for your assets, such as:
You may be asked to attach supporting information, such as copies of pay stubs and bank statements.
You are ineligible for a public defender in Colorado if your yearly earnings exceed the following:
Persons in family/household
Maximum salary to be eligible for a public defender
Note that even if your salary fits within these guidelines, you still can be disqualified for a public defender if you have sufficient liquid assets to pay for private counsel.
Applications for public defenders are signed under oath. Therefore, lying on the application invites criminal perjury charges. 3
Yes, but the court may make you pay a $25 processing fee at the end of the case. However, the court can waive this fee if you do not have the means to pay. 4
Defendants with private counsel typically get better results in their criminal cases than do defendants with court-appointed counsel. That is not because public defenders are inferior attorneys. It is because public defenders are understaffed, and they cannot possibly devote the time and attention to each case that private lawyers can.
In addition, deputy district attorneys tend to give better plea deals to defendants who are represented by private counsel. This is probably because they know private attorneys have thoroughly investigated the matter and have uncovered all the prosecution’s weak links in the case.
Note that private defense counsel often offers legal representation to low-income clients for reduced rates and manageable payment plans.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.
