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Getting A Lawyer

Crim.R. 44 — when one is appointed, and how to ask

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If you cannot afford a lawyer, one is appointed. That is not a favour the court does and it is not discretionary: it is a constitutional requirement, and it has been since Gideon in 1963.

It is not only for felonies. The right does not turn on whether the charge is a felony or a misdemeanor. What it turns on is exposure: no one may be sentenced to jail on a charge they faced without counsel. A misdemeanor that could put you in jail is a misdemeanor you can have a lawyer appointed for.
  • You ask the court. There is a form, usually called an affidavit of indigency, and it is filled in at or before the first appearance.
  • Income is the test. Gross income at or below a set multiple of the federal poverty level is presumed to qualify.
  • Above that line you can still qualify, on net income after basic living expenses or on being unable to hire counsel at all.
  • Ask early. A lawyer appointed before the first hearing is worth more than one appointed after you have already spoken.
  • Asking for a lawyer is not an admission of anything, and it does not make you look guilty.

“I cannot afford an attorney and I am asking the court to appoint one.”

Asking for a lawyer during questioning is a different moment from asking the court for one. The first stops the questioning. The second gets you representation for the case. Doing one does not do the other.

The exact income thresholds and the form itself vary by county. The right does not.

Sources for this section (6)
  1. Ohio Crim.R. 44 — Assignment of counsel where a defendant cannot employ one
  2. Gideon v. Wainwright, 372 U.S. 335 (1963) — A state must provide counsel to a defendant who cannot afford one
  3. U.S. Const. amend. VI — Right to counsel
  4. Argersinger v. Hamlin, 407 U.S. 25 (1972) — No jail sentence without counsel, misdemeanours included
  5. ORC 120.16 — County public defender, and representation of the indigent
  6. Miranda v. Arizona, 384 U.S. 436 (1966) — Right to remain silent and to counsel during custodial interrogation

Legal information, not legal advice. Verified as of September 2026. Talk to a licensed Ohio attorney about your situation.

MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. For your specific situation talk to a licensed Ohio attorney.

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