Whether
you qualify for free legal aid depends on a number of factors -- such as your
income, health status, safety, location, and whether your issue is of a civil
or criminal nature.
And
even if you qualify for free legal aid, you may face problems finding a free
legal services agency who can take your case - especially if the agency has
limited staff and resources or if your legal issue falls outside of what the
agency covers.
Even
so, if you are unable to afford a lawyer but believe you may qualify for free
legal aid, the following can help guide you in the right direction. Be sure,
however, to check with your local court or legal aid program in your area for
more detailed intake information.
You
Have Been Accused of a Crime
You
may be eligible for free legal aid from a court-appointed attorney or public
defender if your liberty is threatened (in other words, you face going to
jail.) A public defender is a lawyer who represents criminal defendants who are
unable to afford an attorney and the constitutional guarantees the right to
legal counsel in certain matters.
You
Are Poor or Needy as Defined by the Court
In
some cases, you may qualify for free legal aid if you can document to a judge
you qualify for "indigent" representation. Under indigent
representation, you may have to partially reimburse the court for the cost of
legal services given to you. Specific qualifications for court-provided counsel
vary widely by state and sometimes among different courts within the state.
For
information about indigent defense services in your area, including
qualification criteria, see FindLaw's state-by-state directory of public
defender offices.
You
Are a Victim of Domestic Violence
If
you are a victim of domestic violence, or fear for your safety, you may qualify
for free legal aid from organizations that can help you gather evidence of
abuse and file for restraining orders, among other things. For immediate
assistance no matter where you are located - contact the National Domestic
Violence Hotline at 1-800-799-SAFE (7233).
Your
Household Income is Less than a Certain Percentage
If
your income is currently below the national average for the number of people in
your household, you may qualify for free legal help. Most legal aid clinics and
pro bono attorneys (private attorneys offering free legal help) serve those
whose household income is less than 125 percent of the federally recognized
poverty level. The exceptions are Alaska and Hawaii, which have higher income
eligibility thresholds.
You're
a Disabled Veteran
Mentally
and physically disabled U.S. Veterans may be eligible for free legal aid on
issues ranging from rent assistance to child visitation matters. For
eligibility requirements, check your local veterans association to see if you
or a member of your household qualifies for free legal help with a number of
services.
You're
an Immigrant
Many
agencies give free legal services to immigrants and other noncitizens in need
of help on issues ranging from visa applications, green cards, deportation
proceedings, and work authorizations. Eligibility requirements vary from
program to program.
You're
Case Involves a Civil Rights Issue
Private
attorneys, legal aid clinics and advocacy organizations with lawyers on staff
often take on cases that fall within their particular area of interest. For
example, you may be able to secure free aid from an attorney for a pay
discrimination lawsuit against an employer if it has the potential to become a
larger class-action suit.
You're
a Community Organization
Some
legal services organizations and clinics provide free legal assistance to
individuals and non-profit or community organization seeking to improve the
economic, cultural, social, or environmental well-being of disadvantaged or
underserved communities. Community problems may include neighborhood
deterioration, inadequate housing and homelessness, unemployment, substance
abuse, racial discord, and crime. Check with your state's individual community
legal programs for specific eligibility and intake requirements.
You
Are Living with HIV/AIDS
There
are several HIV/AIDS legal services programs that provide free legal aid to
low-income clients who are infected with HIV or AIDS on matters including
estate planning, employment or housing discrimination, insurance difficulties,
family law questions, and other legal issues.
You
Currently Receive Financial Assistance in Other Programs
If
you currently receive financial assistance through other public aid programs
such as SSI/SSP, Food Stamps program, County Relief, Older Americans Act, and
Developmentally Disabled Assistance Act, for example, you may be eligible for
continuing free legal services in your state.
To
find free legal help in your area, take a look at FindLaw's legal aid resources
for all 50 states and the District of Columbia.
If
you do not qualify to receive free legal services based on any of the above
criteria, you may wish to speak with a lawyer in your area to discuss
alternative fee arrangements.
