How to benefit from a public defender?

Verified 06 October 2026 - Public Service / (Prime Minister)

If you cannot find a lawyer to represent you in a proceeding penal, the president of the bar may designate one for you. In certain procedures civilian (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.

He is registered at the bar association of the court where your procedure takes 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 which 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 who appoints one of his colleagues.

The public defender may be appointed to an adult or minor, French or foreign national.

Major

A public defender may be appointed for a person of full age. That person is the one who directly requests it.

FYI  

For the judgment of offenses, if you have an impairment that could compromise your defense (for example, if you are visually or hearing impaired), the assistance of a lawyer 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 department 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. a 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 own views is a minor aged at least 13 who has understood the meaning of the criminal proceedings against him.

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:

  • Custody
  • Free hearing if the offense for which the suspect is being heard is crime or a offense punishable by imprisonment

Civil proceedings

A public defender 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 :

Minor

A public defender may be designated in the following cases :

Other procedures

A public defender may be designated in the following cases :

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 in question, the request for a public defender is made in a different way.

You can ask to be assisted by a public defender at any stage of the procedure.

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Custody

From the beginning of a custody, the judicial police officer (OPJ) shall inform you your rights, including the right to be assisted by a lawyer, chosen by you or appointed by you.

If you would like a public defender, you must inform the OPJ.

Free hearing

The person interviewed may be assisted by a lawyer chosen by she or at its request, court clerk by the President of the Bar, if the offense for which it is heard is a crime or a offense punishable by imprisonment.

It must inform the officer in charge of the investigation at the beginning of its hearing.

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.

Who shall I contact

You must attach the following documents to your application:

  • Copy of your summons
  • Notice of taxation (or non-taxation) of household
  • Last proof of your income and expenses and those of your spouse.

This list is indicative. Additional documents may be requested.

The President 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.

Who shall I contact

You must attach the following documents to your application:

  • Copy of your summons
  • Notice of taxation (or non-taxation) of household
  • Last proof of your income and expenses and those of your spouse.

This list is indicative. Additional documents may be requested.

The President 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 presiding over the hearing.

For a minor

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Free hearing

Before proceeding to the free hearing, the judicial police officer (OPJ) shall inform the minor has the right to be assisted by a lawyer. This information is also specified to the legal representatives of the minor. 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 shall ask the president of the bar association the appointment of a public defender.

Custody

From the beginning of a custody, the judicial police officer (OPJ) shall inform the minor has the right to be assisted by a lawyer. 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 shall 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 obligatory assisted by a lawyer. He or she may be appointed by either of the parents or appointed as a court clerk.

Judicial Information

In a proceedings before an investigating judge, if the child is a minor indicted or heard as witness assisted, either parent may request the judge to be assisted by a court-appointed lawyer.

The parent addresses or files an application to president of the bar association where the procedure takes place.

Who shall I contact

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 shall appoint 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 court date, you must apply or file an application with the president of the bar association where your case is taking place.

Who shall I contact

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 the 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 stage of 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 any means-testing by the parents.

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 before your eligibility for legal aid is assessed : 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 particular in the following procedures:

In case of fee dispute, you can seize the president of the bar.

In the event of non-payment of fees, the lawyer may apply to the President of the Bar for the fixing of fees.

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