The United States Constitution mandates that every defendant who faces loss of freedom or of life because of the charges levied against him or her has the right to a lawyer. That's why the court appoints lawyers to defendants who can't afford them. Suppose that you are charged with a felony or a misdemeanor for which you could be incarcerated.
Indigence is determined by jurisdiction.
In general, if your annual income is less than a certain amount predetermined by your jurisdiction and you don't have other assets, you qualify for a court-appointed lawyer, or public defender. If you make more than that amount or have other assets, you must hire your own lawyer. You may be surprised to learn that you qualify for public representation. Establishing indigence You can't just give the judge your word that you make too little to pay for a private defense lawyer. Rather, court personnel will request that you sign an affidavit or financial eligibility statement.