Charged with a crime and worried about paying for a lawyer? Here is how appointed counsel works in Michigan
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. I have litigated for over 15 years. This page explains how court-appointed lawyers and public defenders work in Michigan criminal cases: who qualifies, who decides, what happens if you are turned down, what you may have to pay back, and when you can hire a lawyer of your own. I do not promise outcomes, and nothing here predicts what a court will do in your case.
The short answer. If you face a charge that can put you in jail or prison and you cannot get a competent lawyer without substantial financial hardship to yourself or your dependents, Michigan law provides a lawyer at public expense. The judge must tell you about that right at arraignment, and the court rule says the lawyer is appointed through the local system after a screening for indigency. MCR 6.005(A), (B), (D); MCL 780.991(3)(a), (b). You apply and give financial information under oath. A person who hires a lawyer picks that lawyer. A person who needs one appointed does not.
The right to a lawyer does not depend on whether you have money. It does depend on what is charged and on a financial screening, and both of those are places where people are turned away or misunderstand their rights. The Supreme Court of the United States held that a state must provide a lawyer to a person charged with a felony who cannot afford one. Gideon v. Wainwright, 372 U.S. 335, 344 (1963). The Court later extended the protection to cases where imprisonment is actually imposed, whatever the label on the offense, Argersinger v. Hamlin, 407 U.S. 25, 37 (1972), and held that a suspended sentence that could be turned into jail time cannot be imposed on a person who had no lawyer. Alabama v. Shelton, 535 U.S. 654, 658 (2002).
Michigan carries the constitutional rule out through a state agency, the Michigan Indigent Defense Commission, and through the court rules. The Commission sets minimum standards that local systems must follow, and the statute defines the local indigent criminal defense system as the local unit of government that funds the trial court. MCL 780.983(h); MCL 780.991(1), (2). In practice, that means the answer to who gets appointed, who chooses the lawyer and how a denial is reviewed depends on both the statute and the compliance plan for the county where the case is pending.
How appointment works, step by step
The table below follows the path from arraignment to an appointed lawyer, using the court rule and the statute.
| Step | What the law says | Authority |
|---|---|---|
| Advice at arraignment | The court must tell you that you are entitled to a lawyer at all court proceedings, and to a lawyer at public expense if you want one and cannot afford one. It must ask whether you want a lawyer | MCR 6.005(A) |
| Who screens you | If the local funding unit has named an appointing authority in its compliance plan, the court refers you to that authority for the indigency screening. If not, the court decides, guided by listed factors | MCR 6.005(B) |
| When | The indigency determination is to be made by the local system no later than your first appearance in court, and it can be reviewed later | MCL 780.991(3)(a) |
| Presumption of hardship | Substantial hardship is presumed, subject to rebuttal, if you receive personal public assistance, live in public housing, or earn under 140 percent of the federal poverty guideline. It is also presumed if you are serving a sentence in a correctional institution or in residential treatment | MCL 780.991(3)(b) |
| Everyone else | A closer screening looks at the seriousness of the charges, your monthly expenses and local private lawyer rates to decide whether hiring a lawyer would be a substantial hardship | MCL 780.991(3)(c) |
| Your burden | You are responsible for applying and for establishing eligibility, and statements about your finances must be made under oath or an equivalent affirmation | MCL 780.991(3)(g) |
| Partial indigency | If you can pay part of the cost, the court may require a contribution and set a plan to collect it. A person is partially indigent only if the system finds that the person is not fully indigent | MCR 6.005(C); MCL 780.991(3)(d) |
| Review of a denial | The court reviews the appointing authority’s decision de novo and may consider information the authority never saw. Posting bond does not make you ineligible | MCR 6.005(B) |
What “indigent” means in Michigan
The statute does not set a single income cutoff. It asks whether you are unable, without substantial financial hardship to yourself or your dependents, to obtain competent, qualified legal representation on your own. MCL 780.991(3)(b). Two features of that test matter. First, the question is about the cost of a competent private lawyer in the place where you are charged, not about whether you are poor in general. Second, the screening for people above the presumptive thresholds is a fact-based one that looks at monthly expenses and the going rate for private counsel in the area. MCL 780.991(3)(c).
Where there is no appointing authority, or you ask the court to review the authority’s decision, the court rule lists what the judge must consider: present employment, earning capacity and living expenses, debts and liabilities, public assistance, property you own and whether it can be turned into cash without undue hardship to you and your dependents, the presumptions of indigency in the Commission’s standard, and any other circumstance that would impair your ability to pay a lawyer’s fee. MCR 6.005(B)(1) to (6). I tell people to bring paperwork rather than estimates: pay stubs, benefit letters, lease, bills and any loan or credit card statements. A screening made on an incomplete form is easier to challenge than to fix.
Which cases come with a right to an appointed lawyer
The statute defines indigent criminal defense services as local legal defense services for a defendant who is being prosecuted or sentenced for a crime for which a person may be imprisoned upon conviction, beginning with the initial court appearance and for a defendant found indigent. MCL 780.983(f). In the district court, the rule is a little broader than the minimum the Constitution requires: an indigent defendant has a right to an appointed lawyer whenever the offense requires a minimum jail term on conviction or the court determines it might sentence to incarceration, even if the sentence would be suspended. MCR 6.610(D)(2). If an indigent defendant has no lawyer and has not waived the right, the court may not sentence the defendant to jail or to a suspended jail sentence. The same rule says the right to a lawyer is not waived unless the defendant was told of it and waived it in writing in the file or orally on the record. MCR 6.610(D)(2), (3).
That is why the first question I ask in a misdemeanor case is whether jail is a realistic possibility. If the judge indicates that it is, the right to an appointed lawyer is in play. If the judge says the case will be a fine only, the right may not apply, and I look at what else the conviction would mean for you before I treat the case as minor. MCR 6.610(D)(2).
If the answer is no: review and a second look
A denial is not the end of the question. If you ask for review, the court reviews the appointing authority’s determination de novo, meaning the judge decides indigency afresh rather than deferring, and the judge may consider information that was not presented at the screening. MCR 6.005(B). The statute also requires the Commission’s standards to provide for prompt judicial review when the local system, rather than a court, is making the indigency decision. MCL 780.991(3)(e). Because the determination can be reviewed at any stage, a change in your circumstances is a reason to ask again. MCL 780.991(3)(a).
Two practical points. If the denial turns on a debt, an asset or a household member’s income, put the explanation in writing and bring documents, since the review is only as good as the record. And do not let a pending review leave you without a lawyer at the next hearing; tell the judge on the record that you are asking for a lawyer and that you are seeking review, so the request is part of the record.
Choosing, changing and adding lawyers
The Supreme Court has said that the right to counsel of choice does not extend to defendants who require counsel to be appointed for them. United States v. Gonzalez-Lopez, 548 U.S. 140, 151 (2006). In Michigan, an indigent defendant has the right to counsel but not to a particular lawyer, and substitute counsel is warranted only on a showing of good cause where substitution will not unreasonably disrupt the judicial process. People v. Traylor, 245 Mich. App. 460, 462-463 (2001). Disagreement over strategy is not usually enough. A real breakdown in communication, a conflict of interest, or a lawyer who is not doing the work are the kinds of facts a judge can act on, and they should be raised promptly and on the record.
Joint defendants raise a separate problem. When two or more indigent defendants are jointly charged or their cases are joined, the local system must appoint separate lawyers who are not associated in the practice of law. MCR 6.005(F). If you are charged with someone else and the same lawyer is suggested for both of you, tell the court that you want your own.
If you can later afford to hire a lawyer, the choice is yours. A person accused of a crime is allowed to be heard by counsel. MCL 763.1. A defendant who wants to retain a lawyer and has the means to do so must be given a reasonable opportunity to hire one, although the court may refuse to adjourn a proceeding for that purpose if an adjournment would significantly prejudice the prosecution and the defendant has not been reasonably diligent. MCR 6.005(E)(3). If you hire a lawyer after one was appointed, I recommend telling the court and the appointed lawyer in writing so there is no gap in representation.
Representing yourself
You may defend yourself, but the court may not accept an initial waiver of a lawyer until it has told you the charge, the maximum possible prison sentence, any mandatory minimum and the risk of self-representation, and has offered you the chance to consult a lawyer, retained or appointed. MCR 6.005(D). The Michigan Supreme Court has described what a valid waiver requires, including compliance with that advice. People v. Russell, 471 Mich. 182, 190-191 (2004). If you waive a lawyer, the judge repeats the advice at later proceedings and you can change your mind: if you ask for a lawyer and cannot afford one, the court must refer you for appointment. MCR 6.005(E). A 2026 amendment to the Indigent Defense Commission Act, effective October 1, 2027, adds a requirement that a defendant or youth may not waive the right to counsel without first consulting with counsel on the consequences of waiver, and that any waiver be on the record and in writing. MCL 780.991 as amended by 2026 PA 70. The current text of the statute and rule governs until then.
Paying for appointed counsel
Free does not always mean free. There are two separate mechanisms. A partially indigent defendant may be required to contribute to the cost of the lawyer during the case, and the court may set a plan to collect it. MCR 6.005(C). And after a conviction, a court may impose the expenses of providing legal assistance to the defendant as part of the sentence. MCL 769.1k(1)(b)(iv). The Michigan Supreme Court has held that the court must determine the actual cost of the legal assistance for the particular defendant, because the language that lets courts set general court costs without separate calculation does not apply to attorney expenses. People v. Lewis, 503 Mich. 162 (2018).
Being ordered to repay is not the same as being jailed for not repaying. The Supreme Court has held that an ability-to-pay assessment is not required when the fee for a court-appointed lawyer is imposed, but it is required once the fee is enforced, and the defendant must be told of the enforcement action and given a chance to contest it based on indigency. People v. Jackson, 483 Mich. 271, 292-293 (2009). By statute, a defendant must not be jailed for not paying costs ordered under MCL 769.1k unless the court determines the defendant has the resources to pay and has not made a good-faith effort. MCL 769.1k(10). For probationers, the court may not require payment of costs unless the probationer is or will be able to pay during the term, and it must account for the probationer’s financial resources. MCL 771.3(6)(a).
What an appointed lawyer is expected to do, and extra help
The trial lawyer’s responsibilities under the court rule include representing the defendant in all trial court proceedings through initial sentencing, filing interlocutory appeals the lawyer deems appropriate, and responding to preconviction appeals by the prosecutor. MCR 6.005(H)(1). The statute directs the Commission to adopt standards on workload, training, a matching of the lawyer’s ability to the complexity of the case, and continuous representation by the same lawyer at every appearance, with exceptions for ministerial tasks. MCL 780.991(2). Those are system-wide principles. They do not give a client the right to demand a different lawyer, but they are fair to raise if you think your lawyer has too little time for your case.
Some cases need an investigator or an outside consultant, such as a DNA or forensic examiner. When an indigent defendant asks for outside forensic help at public expense, the Michigan Supreme Court held that the due process analysis applies, and that the defendant must show a reasonable probability both that the requested help would assist the defense and that denial of the assistance would result in a fundamentally unfair trial. People v. Kennedy, 502 Mich. 206 (2018). A request is stronger when the lawyer can explain, specifically, what the consultant would test and why the answer matters.
After a conviction, the court must advise you of your right to appellate review and that, if you cannot afford a lawyer, the court will appoint one for the appeal. For a conviction after trial, the request for a lawyer must be filed within 42 days after entry of the judgment of sentence if you want to appeal by right. MCR 6.425(F)(1).
How I handle a question about appointed or retained counsel
- Start with the charge. I read the complaint or warrant and work out whether jail or prison is possible, because that decides whether appointment is on the table.
- Work through the screening. I look at income, household, debts and assets against the statutory presumptions and the court rule factors so you know where you stand before you apply.
- Prepare the application. Statements about finances must be under oath, so I check each figure against a document before anything is signed.
- Ask for review when it is warranted. If a denial looks wrong, I put the request for de novo review on the record and bring the missing information.
- Explain the cost of each path. I walk through contribution, possible repayment after conviction and the protections against jail for inability to pay, and compare that with hiring a lawyer.
- Make the handoff clean. If a client switches between appointed and retained counsel, I get the file, the discovery and the schedule so no deadline is missed.
Ways this question can be resolved
- A lawyer is appointed at or soon after arraignment and the case proceeds on the normal schedule.
- A partial-indigency order sets a contribution, and the court sets a payment plan.
- A denial is reversed on de novo review, or an earlier denial is revisited because your finances have changed.
- You hire private counsel, and the court gives you a reasonable opportunity to do so.
- You waive counsel after the required advice, and the court re-advises you at each later proceeding.
Any of these can change as the case moves. Because the indigency decision can be revisited, I treat it as a question that stays open for the whole case.
What I need from you
Bring the complaint, warrant or ticket, every court notice and the bond order. Bring proof of income and household size, benefit letters, your lease or mortgage statement, recent bills, loan and credit card statements, and a list of what you own. Tell me whether you were screened, by whom, what you were told, and whether you signed anything. If you were denied, bring the denial in writing. Tell me about any other pending case, probation or parole, and your next court date. Do not talk to the police or the complaining witness about the case while the lawyer question is being sorted out.
Where your Kent County case will be heard
I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A felony begins in district court with an arraignment and, if the case continues, a preliminary examination. MCL 600.8311(c), (e). Michigan law sets the Kent County district courts by municipality. The 61st District Court serves the city of Grand Rapids, the 59th serves the cities of Grandville and Walker, the 62A serves the city of Wyoming and the 62B serves the city of Kentwood. MCL 600.8128a; MCL 600.8130(1)-(3). The 63rd District Court serves the rest of Kent County, which includes the cities of Rockford, Lowell, Cedar Springs and East Grand Rapids and the surrounding townships. MCL 600.8130(4). If the magistrate binds the case over, the felony is arraigned in the circuit court, which for Kent County is the 17th Judicial Circuit. MCL 766.13; MCL 600.8311(f); MCL 600.518. At the arraignment on the warrant or complaint, the judge must tell you about your right to a lawyer and ask whether you want one, which is when most appointment requests are made. MCR 6.005(A).
Why people hire me for a Michigan criminal matter
You work directly with me, the lawyer handling your case. I tell you what the charge requires the prosecutor to prove, what the evidence looks like and what each choice could cost you, including what happens if you rely on appointed counsel and what it would mean to hire me. I do not promise outcomes. I prepare each case for trial, because that is how an offer or a dismissal gets measured against a real alternative.
My fee depends on the charges, how complicated the case is and how far it is likely to go. We talk about the fee at the consultation, before you decide whether to hire me.
Questions I hear from people deciding between a public defender and a private lawyer
What is the difference between a public defender and a private defense lawyer in a Michigan criminal case?
Both are licensed lawyers, and the right to effective assistance applies whether counsel is appointed or retained. The differences are how the lawyer is chosen and paid. Appointed counsel is arranged by the local government that funds the court and goes to people found indigent. A private lawyer is chosen and paid by the client. The right to pick a particular lawyer belongs to people who hire counsel, not to people who need counsel appointed.
How does Michigan decide whether I qualify for a court-appointed lawyer?
The statute asks whether you can obtain competent legal representation without substantial financial hardship to yourself or your dependents. Receiving public assistance, living in public housing, or earning under 140 percent of the federal poverty guideline creates a rebuttable presumption in the statute. The MIDC’s indigency standard goes further and presumes indigency below 200 percent of the guideline in net income. Everyone else gets a closer look at expenses, charge seriousness and local lawyer rates. The defendant applies and gives financial information under oath.
What can I do if I am denied a court-appointed lawyer in a Michigan criminal case?
A denial by an appointing authority can be reviewed by the judge assigned to the case, by oral motion on the record or by filing a request for review. The court reviews the appointing authority’s decision de novo and may consider information the authority never saw. Having posted bond does not make a defendant ineligible. A defendant whose finances decline can also ask to be rescreened.
Do I get a court-appointed lawyer for a misdemeanor in Michigan, or only if jail is possible?
Counsel at public expense is tied to the possibility of incarceration. The Constitution bars imprisonment of an uncounseled defendant, including a suspended sentence that can later become jail. The Michigan court rule goes a little further: an indigent defendant has a right to appointed counsel whenever the offense requires a minimum jail term or the court determines it might sentence to incarceration, even if suspended.
Can I choose my court-appointed lawyer, or ask for a different one, in a Michigan criminal case?
Generally no to choosing and only for good cause to replacing. An indigent defendant is guaranteed counsel but is not entitled to the particular lawyer requested, and substitute counsel is warranted only on a showing of good cause where substitution will not unreasonably disrupt the judicial process. A defendant who hires private counsel is the one who chooses.
If the court appoints a lawyer for me in Michigan, can I hire my own lawyer later?
Yes. The right to choose one’s own lawyer belongs to a defendant who does not require appointed counsel, and nothing in the MIDC standard prevents hiring private counsel. The standard does say that a court or appointing authority should not swap lawyers solely because a defendant newly has the ability to retain counsel, and it puts a duty on the defendant to report significant improvements in finances.
What minimum standards must a court-appointed criminal defense lawyer meet in Michigan?
The Michigan Indigent Defense Commission has approved minimum standards for training, a prompt initial client interview, investigation funding, counsel at first appearance and other critical stages, independence from the judiciary, workloads, lawyer qualification and review, and compensation. For a client in local custody the initial interview is to occur within three business days of appointment.
What is the difference between contribution and reimbursement for a court-appointed lawyer in Michigan, and how are they figured?
Contribution is an ongoing payment during the appointment by a partially indigent defendant, and reimbursement is a repayment obligation after it ends. Under the MIDC standard an indigent defendant cannot be required to contribute, contribution is capped at 25 percent of what is left after current monthly expenses are subtracted from net income, and it is refunded if all charges are dismissed or the defendant is acquitted. Court costs can include the expense of legal assistance under MCL 769.1k.
Related Michigan pages
- Grand Rapids criminal defense lawyer
- What happens after an arrest
- Bail and bond
- Pleas and plea deals
- Criminal appeals
I represent people charged with crimes in Kent County and West Michigan, whether they are weighing appointed counsel or hiring a lawyer. Contact me 24/7 by phone or email. Your Rights, My Fight! Call for a free initial consultation.
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Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.