How to benefit from a public defender?
Verified 11 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
If you cannot find a lawyer to represent you in a proceeding penal, on president of the bar may designate one for you. In certain procedures civil (e.g. hospitalization without consent, guardianship) or administrative (for example, deportation of an irregular foreigner), you can also request a court-appointed lawyer. It's not free. You have to pay it unless you are eligible for legal aid.
A public defender is a lawyer who has received specific training to be appointed.
It is registered at the bar association of the court where your procedure is taking place.
It is subject to the rules of ethics of lawyers.
The public defender assists you and defends your rights.
Warning
He's not a free lawyer.
You cannot not choose yourself a public defender.
The public defender is a lawyer who is imposed on you.
A public defender is designated in two ways:
- by the president of the bar at your request,
- by the judge when you go to court alone to be tried and legal representation is mandatory. You can also apply to the judge even if the assistance of a lawyer is not mandatory.
You can refuse the lawyer that is designated to you. You must then make a new request to the President of the Bar, justifying the reasons for your refusal. After examining your reasons, the President may appoint another.
The public defender has the right to refuse to represent you if he has an excuse or impediment. He warns the president of the bar who appoints one of his colleagues.
The court-appointed lawyer may be appointed to a person of legal age or minor, French or foreign nationality.
Major
The public defender may be appointed for a person of full age. That person makes the request directly.
FYI
For the judgment of offensesHowever, if you have a disability that could compromise your defense (for example, if you are visually impaired or hard of hearing), legal assistance is mandatory and may be appointed ex officio.
Minor
For a minor summoned to court, the application may be made by either parent, guardian, person or service to whom the child has been entrusted or by a magistrate.
The request may also be made by the minor capable of judgment :
- In the case of a procedure civil (e.g. hearing before the family judge), the minor capable of discernment is the minor whose age and maturity enable him to understand the procedure and its consequences.
- In the case of a procedure penal, a minor capable of forming his or her own views is a minor aged 13 or over who has understood the meaning of the criminal proceedings against him or her.
The lawyer may be appointed ex officio for criminal proceedings and for certain civil or administrative proceedings.
Criminal proceedings
You can request the appointment of a public defender for the following procedures:
- Immediate appearance
- Appearance on prior conviction
- Delayed appearance
- Judicial Information before an investigating judge (for the person ₪ or the witness assisted)
- In front of police court or the correctional court
- In front of court of assizes or criminal court
- Before the judge of application of sentences
- Hearing before the judge for children in criminal matters (e.g. when the minor perpetrator is heard or tried).
Civil proceedings
A court-appointed lawyer may be appointed in certain proceedings, which vary depending on the person making the request:
Major
A public defender may be designated in the following cases :
- Withdrawal of parental authority
- Delegation in matters of educational assistance
- Measurement of judicial protection of an adult by the guardianship judge
- Supervision by the judge of freedoms and detention in of hospitalization for psychiatric disorders.
Minor
A public defender may be designated in the following cases :
- Educational assistance
- Request for guardianship before the juvenile guardianship judge
- Hearing requested by the minor in proceedings before the Family Court (for the determination of residence, access and accommodation, adoption).
Other procedures
A public defender may be designated in the following cases :
- Proceedings before the Judge of Liberties and Detention concerning the entry and residence of foreigners and the right to asylum
- Proceedings before the administrative court concerning the removal of foreigners subject to a measure restricting their liberty
- Customs detention in respect of customs infringement (e.g. illegal transport of cigarettes or narcotics).
The lawyer may be appointed ex officio for a minor and for an adult to ensure his defense in court.
FYI
For civil procedures where a lawyer may be appointed, the request may be made before or during the hearing.
For an adult
Depending on the procedure that concerns you, the request for a public defender is made in a different way.
You can ask to be assisted by a public defender at any time during the procedure.
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Custody
From the beginning of a custody, the judicial police officer (OPJ) informs you your rights, including the right to be assisted by a lawyer, chosen by you or appointed by you.
If you want a public defender, you must inform the OPJ.
Judicial Information
In a proceedings before an investigating judge, if you are indicted or heard in the capacity of witness assisted, you can ask to the judge to be assisted by a public defender.
The designation may be made from the beginning or during the procedure.
If you receive a summons from the investigating judge to be indicted or heard as an assisted witness, you must address or file your request with the President of the Bar Association of the court concerned.
You must attach the following documents to your application:
- Copy of your summons
- Copy of your last 3 salary slips
- Last proof of your income and expenses and those of your spouse.
This list is indicative. Additional documents may be requested.
The President of the Bar appoints the lawyer and gives you his name and contact details.
Before the hearing
When you know the date of your court summons, you must address or file your application to the president of the bar association where your case is taking place.
You must attach the following documents to your application:
- Copy of your summons
- Copy of your last 3 salary slips
- Last proof of your income and expenses and those of your spouse.
This list is indicative. Additional documents may be requested.
The President of the Bar appoints the lawyer and gives you his name and contact details.
During the hearing
When you appear alone at the hearing and you finally want the assistance of a lawyer or the procedure requires it, the request is made to the judge who presides over the hearing.
For a minor
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Custody
From the beginning of a custody, the judicial police officer (OPJ) shall inform the minor has the right to legal assistance and other rights. The child is chosen or assigned ex officio at the request of the minor or one of his or her parents.
If the minor or his legal representatives have not appointed a lawyer, the OPJ, the public prosecutor or the investigating judge in charge of the case must ask the president of the bar association the appointment of a public defender.
FYI
Minors under the age of 13 who are the subject of a restraint must be mandatory assisted by a lawyer. He or she may be appointed by either parent or a court-appointed clerk.
Judicial Information
In a proceedings before an investigating judge, if the minor is indicted or heard as witness assisted, either parent may ask the judge to be assisted by a court-appointed lawyer.
The parent makes or files an application to president of the bar association where the procedure takes place.
The parent must attach the following documents to the application:
- Copy of the child's summons
- Notice of taxation (or non-taxation) of the household.
This list is indicative. Additional documents may be requested.
The President of the Bar appoints a lawyer only for ongoing procedures.
FYI
If your hearing date is set far enough and your income is insufficient to pay your child a lawyer, you can apply for one by filing an application of legal aid. This assistance is based on the resources of the parents.
Before the hearing
When you know the date of the court summons, you must address or file an application to the president of the bar association where your case is.
You must attach the following documents to your application:
- Copy of your child's summons
- Notice of taxation (or non-taxation) of your household.
This list is indicative. Additional documents may be requested.
The President of the Bar appoints a lawyer only for ongoing procedures.
During the hearing
When you appear alone at the hearing and you finally want the assistance of a lawyer or the procedure requires it, the request is made to the judge presiding at the hearing.
You can ask to be assisted by a public defender at any time during the procedure.
FYI
For the civil proceedings where a lawyer may be appointed, the request may be made before or during the hearing. Legal aid is granted to the minor child without the parents' means test.
The public defender is not not free. You have to pay it.
His fees are free, that is to say that the lawyer sets the cost of the services he charges you.
If you meet the conditions to benefit from legal aid, the costs of the lawyer shall be borne by the State. If it is refused or granted in part, you must pay the fees.
In some procedures, the public defender is paid prior to the review of your eligibility for legal aid : we are talking aboutlegal aid guaranteed. In return, if you were not eligible, you will have to repay these amounts, the request for recovery to intervene within 5 years.
Guaranteed legal aid may be granted in the following procedures:
- Non-judicial proceedings such as custody, restraint of a minor, retention, confrontation, customs detention, detention of a foreigner for the purpose of verifying the right of movement or residence
- Immediate appearance, Delayed appearance
- Presentation before an investigating judge
- Placement or maintenance in pretrial detention
- Assistance of an accused before the court of assizes or criminal court,
- Assistance of a minor before the juvenile court of assizes or the juvenile court in criminal matters
- Assistance of a minor in the proceedings of educational assistance before the juvenile judge in criminal matters
- Protection order
- Proceedings before the Judge of Liberties and Detention concerning the entrance and the stay of the foreigners
- Proceedings before the Administrative Tribunal concerning removal of foreigners subject to a measure restricting their liberty
- Judicial procedure for the release and control of psychiatric care measures.
In case of dispute over fees, you can seize the president.
In the event of non-payment of fees, the lawyer may apply to the President of the Bar for the fixing of fees.
Who can help me?
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For more information on this subject, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
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The informants who answer you belong to the Department of Justice.
- Law Society
Article 6: Obligation of the lawyer to accept the appointment under the ex officio commission
Article 19(1): legal aid guaranteed
Article 116: Procedure before the investigating judge
Article 317: proceedings before the Assize Court
Article 274: Appointment of a lawyer for the accused
Articles 393 et seq.: procedure for summoning by minutes, for immediate appearance and for postponed appearance
Article 417: Proceedings before the Criminal Court
Criminal definition of a minor capable of forming his or her own views
Designation for a detained minor
Designation for a minor in police custody
Assistance of the minor by the court-appointed lawyer throughout the criminal proceedings
Article 388-1: appointment for the hearing of the minor (civil proceedings)
Article 338-1: Hearing of the minor
Article 1186: designation in the educational assistance procedure
Article 1214: designation for a protected or to be protected adult
Article L743-24: extension of administrative detention of a foreigner
Article L744-11: foreigner sentenced to a ban on French territory
Article L 813-5: guaranteed rights of the selected foreigner
Articles 323-5 and 323-6: customs retention
Article 1: time limit for reimbursement of legal aid
Appointment of the lawyer in the psychiatric care procedure without consent
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