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Miami-Dade Guide

Public Defender or Private Lawyer in Miami-Dade?

How a public defender gets appointed, what the clerk of court looks at, what it can cost you later, and when hiring a private lawyer is the better route.

Last reviewed: October 2026

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The dollar thresholds on this page track federal poverty guidelines, which update every year. The rules come from Fla. Stat. §27.52, Fla. Stat. §938.29, Florida Rule of Criminal Procedure 3.111, and the published materials of the Miami-Dade Public Defender and Clerk of Court. Confirm the current income figure with the Clerk of Court before relying on it.
Who Qualifies What It Can Cost Choosing a Lawyer Changing Course Quick Answers
Quick Answers

Common Public Defender Questions

Who qualifies for a public defender in Miami-Dade?+
The clerk of court determines indigent status under Fla. Stat. §27.52, and a judge appoints the public defender. An applicant qualifies with income at or below 200 percent of the federal poverty guidelines, or by receiving TANF cash assistance, SSI, or poverty-related veterans' benefits. On court review of a denial, the judge also weighs whether paying a private lawyer creates a substantial hardship for the applicant or the applicant's family, and the Miami-Dade Public Defender's office lists that hardship as a ground for appointment. Net equity of $2,500 or more in assets creates a presumption that the applicant is not indigent. The applicant's homestead and one vehicle worth up to $5,000 do not count toward that figure.
What is the income limit for a public defender in Miami-Dade?+
The Miami-Dade Public Defender publishes 2026 income guidelines, which are 200 percent of the federal poverty guidelines: $31,920 for a household of one and $111,440 for a household of eight, plus $11,360 for each additional person. The office's Get Representation page still shows the 2025 table ($31,300 for one person), so confirm the current figure with the Clerk of Court.
How much does it cost to apply for a public defender in Florida?+
The application fee is $50 under Fla. Stat. §27.52, due within seven days of applying. The Public Defender represents a client whether or not the client can pay the fee. If the fee is unpaid when the case ends, the clerk notifies the court, which can assess it as part of the sentence or probation or under Fla. Stat. §938.29.
Is a public defender free?+
Not always. The Miami-Dade Public Defender's office says the service costs nothing when the client is acquitted or the charges are dismissed, and that after a guilty finding the judge can require payment of fees, costs, and restitution. Under Fla. Stat. §938.29, a defendant who received a public defender and is convicted must pay at least $50 for each misdemeanor or criminal traffic case and at least $100 for each felony case. This applies even when adjudication is withheld, and the court must impose it regardless of the defendant's present ability to pay. The lien reaches real and personal property but cannot be foreclosed on the homestead, and a defendant can petition to defer payment.
When does the court appoint a lawyer for someone who cannot afford one?+
Under Florida Rule of Criminal Procedure 3.111(a), counsel is appointed when the person is formally charged, as soon as feasible after custodial restraint, or at first appearance, whichever happens first. For a person who cannot post bond in Miami-Dade, that is the first appearance hearing, held within 24 hours of arrest, where the judge decides whether the defendant can pay for an attorney and appoints the public defender if not. A person who posts the standard bond can be released before that hearing.
Does the public defender help before the court decides I qualify?+
If the defendant is in custody and reasonably appears to be indigent, yes. Under Rule 3.111(c)(4)(A), the public defender advises the defendant, seeks the setting of a reasonable bail, and represents the defendant until the court makes a formal determination of indigency. A defendant who is out on bail is handled differently: the public defender asks for the information relevant to indigency and seeks a formal determination right away.
Do I have to ask for a public defender?+
Appointment follows an application: the Miami-Dade Public Defender's office says a person who wants one must complete the Affidavit of Indigent Status. Silence is not a waiver. Under Rule 3.111(d)(1), not requesting counsel does not by itself waive the right, and the court must renew the offer of counsel at each later stage.
What if the clerk has not ruled yet when I ask for a lawyer?+
The court makes a preliminary indigency determination under Fla. Stat. §27.52(3) and can appoint the public defender, the Office of Criminal Conflict and Civil Regional Counsel, or private counsel on an interim basis until the clerk rules.
Does everyone charged with a crime get a public defender?+
No. Rule 3.111(b)(1) requires counsel for indigent persons in prosecutions for offenses punishable by incarceration, so a noncriminal traffic infraction, which carries a fine and no jail time, does not qualify. In a misdemeanor case, a judge can file a written order of no incarceration at least 15 days before trial, certifying that the defendant will not be jailed in the case, and counsel then does not have to be provided. The person must also be found indigent by the clerk of court.
What if the clerk of court says I do not qualify?+
The applicant can ask the court to review the clerk's decision under Fla. Stat. §27.52. On review, the court considers whether the applicant was released on bail of $5,000 or more, whether a bond was posted and who paid it, and whether denial creates a substantial hardship for the applicant or the applicant's family.
Does posting bond affect whether I get a public defender?+
It can. When a court reviews a denial under Fla. Stat. §27.52, it looks at whether the applicant was released on bail of $5,000 or more, the type of bond, and who paid it. Talk to a lawyer before applying if bond has already been posted. See our guide to how bail works in Miami-Dade.
Can I hire a private lawyer after I already have a public defender?+
Yes. A defendant can hire a private lawyer at any stage of the case. A conviction still triggers the cost assessment under Fla. Stat. §938.29 for any public defender help already received.
Can I represent myself instead?+
Yes, if the waiver is knowing and intelligent. Under Rule 3.111(d), the judge must explain the disadvantages of self-representation before accepting a waiver. Not asking for a lawyer, or announcing an intent to plead guilty, does not waive the right to one, and the court must renew the offer of counsel at each later stage. See our post on representing yourself in court.
Is it a crime to lie on a public defender application?+
Yes. Knowingly giving false information to the clerk or the court to obtain indigent status is a first-degree misdemeanor under Fla. Stat. §27.52(7)(c). A court that believes indigent status was obtained by fraud or misrepresentation refers it to the state attorney.
Where is the Miami-Dade Public Defender's office, and is what I tell them confidential?+
The Law Offices of the Public Defender, Eleventh Judicial Circuit, is at 1320 NW 14th Street, Miami, FL 33125, phone 305-545-1600. A judge appoints the office after finding the person indigent. The attorney-client relationship begins when the court appoints the office or when an office representative speaks with someone in custody to check eligibility. Communications with the office are confidential under Fla. Stat. §90.502, and conversations with family, friends, or other inmates are not privileged.
Can I ask for indigent status for costs if I hire a private lawyer or represent myself?+
Yes, by written motion under Fla. Stat. §27.52(5), with the completed application attached and, if a lawyer is hired, an affidavit estimating the lawyer's fees and naming who pays them. The Justice Administrative Commission can contest the motion. A private fee above $5,000 in a noncapital case creates a presumption that the applicant is not indigent for costs, which the applicant must rebut by clear and convincing evidence that the fee is reasonable. The court cannot appoint a state-paid attorney to a defendant who has privately retained and paid counsel.
What if I earn too much for a public defender but cannot afford a private lawyer?+
Court review under Fla. Stat. §27.52 is the formal route. Separately, ask any private lawyer about payment arrangements before retaining. An initial consultation with Andre is free and confidential, and fee terms are part of that conversation. See what it costs to hire a lawyer in Miami.
How Appointment Works

How a Public Defender Gets Appointed in Miami-Dade

The clerk of court makes the first decision by applying a formula.

You apply, and the $50 fee is due within seven days

The application goes through the Clerk of Court, and Fla. Stat. §27.52 sets a $50 fee for each application. Before appointing a public defender, Rule 3.111(b)(5) requires the court to tell the accused about possible liens, ask about finances (the accused answers under oath), and have the accused sign an affidavit of insolvency.

The clerk applies a formula

Under §27.52(2), the determination is a ministerial act of the clerk and involves no further investigation. Income at or below 200 percent of the federal poverty guidelines qualifies, as does receiving TANF cash assistance, SSI, or poverty-related veterans' benefits. The Public Defender's office also lists substantial hardship to the family from paying a private lawyer. Net equity of $2,500 or more in assets, not counting the homestead or one vehicle up to $5,000, creates a presumption against indigence.

The applicant can ask a judge to review a denial

The applicant may seek court review under §27.52. The judge looks at whether the applicant was released on bail of $5,000 or more, whether a bond was posted and who paid it, and whether denial creates a substantial hardship for the applicant or the applicant's family.

A judge appoints counsel at the earliest trigger

Rule 3.111(a) appoints counsel when the person is formally charged, as soon as feasible after custodial restraint, or at first appearance, whichever comes first. At first appearance the judge decides whether the defendant can pay for an attorney. A person in custody who appears indigent is represented in the meantime, including a request for reasonable bail, under Rule 3.111(c)(4)(A). A person out on bail can still apply, and the public defender then seeks a formal judicial determination of indigency.

The Cost

What a Public Defender Can Cost You

The application fee is small, and the larger bill can arrive after a conviction.

The application fee

$50, due within seven days of applying under Fla. Stat. §27.52. The Public Defender represents the client whether or not the fee is paid, and an unpaid fee can be assessed when the case ends, as part of the sentence or probation or under §938.29.

The assessment after a conviction

The Miami-Dade Public Defender says the service costs nothing on an acquittal or dismissal. Fla. Stat. §938.29 requires a convicted defendant who received public defender help to pay at least $50 for each misdemeanor or criminal traffic case and at least $100 for each felony case. A withheld adjudication still triggers it. The court must impose it regardless of the defendant's present ability to pay, and can set a higher amount on proof of higher fees or costs.

The lien

Fla. Stat. §938.29 creates a lien on the defendant's real and personal property. A parent of an accused minor or tax-dependent adult is also subject to the lien. It cannot be foreclosed on the homestead, and a defendant who is not in willful default can petition the court to defer payment.

Item
When it applies
Amount
Application fee
At application, due within seven days
$50 for each application. The Public Defender represents the client whether or not the fee is paid
Acquittal or dismissal
The case ends without a guilty finding
The Miami-Dade Public Defender says the service costs nothing
Assessment after a conviction
When the judgment is final, withheld adjudication included
At least $50 for each misdemeanor or criminal traffic case and $100 for each felony, higher on proof of higher fees or costs
Lien
After a guilty or no contest finding
A lien on real and personal property, never foreclosed on the homestead

Summary of Fla. Stat. §27.52 and §938.29 and the Miami-Dade Public Defender's published materials. The court sets the amount in each case.

The cost of a private lawyer is a separate question. See what it costs to hire a lawyer in Miami. An applicant with a private attorney can still ask the clerk for indigent status for costs on the Clerk's form CLK/CT 919, under Fla. Stat. §27.52(5).
Choosing

When a Private Lawyer Makes Sense

The differences covered here are the ones the statutes and court rules settle: cost, timing, and choice.

Charges that carry jail or prison time

A first-degree misdemeanor, a felony, a DUI, a domestic violence arrest, or a probation violation all put liberty on the line. A private lawyer can be retained before first appearance and can appear with the client at that hearing.

Immigration, licensing, or a career at stake

A plea that looks small can carry consequences outside the courtroom, including for a noncitizen, a professional license, or a security clearance. Raise any of these with whoever represents you before a plea is discussed.

A choice over who handles the case

A private client picks the lawyer and speaks with that lawyer directly. The Law Offices of Andre A. Rouviere is a boutique trial practice with direct attorney involvement.

Charges that carry no jail

A noncriminal traffic infraction carries a fine and no jail time, and does not qualify for a public defender under Rule 3.111(b)(1). In a misdemeanor case, a judge can also file a written order of no incarceration at least 15 days before trial, and counsel then does not have to be provided. See our traffic tickets guide for how those cases work.

Changing Course

Switching Lawyers or Representing Yourself

Either choice can change after first appearance.

Hiring a lawyer after applying

A defendant can retain a private lawyer at any stage of the case.

Representing yourself

The judge must explain the disadvantages of self-representation and find that the waiver is knowing and intelligent under Rule 3.111(d). Staying silent about counsel does not waive it, and the court renews the offer at each later stage.

A conflict of interest

When the public defender has a conflict under Fla. Stat. §27.5303, the office must move to withdraw, and the court appoints the Office of Criminal Conflict and Civil Regional Counsel.

Speak With Andre

Deciding Who Should Handle Your Case?

First appearance is where a judge decides if you can pay for a lawyer, and a private lawyer retained before that hearing can be at your side for it. Initial consultations are free and confidential, with no obligation to retain.

See our guides to how bail works in Miami-Dade, what to do right after an arrest, and the Miami-Dade criminal case timeline. Choosing a lawyer? Read what to ask before you hire a criminal defense lawyer, and our post on needing a lawyer after an arrest.

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Client Reviews

What Our Clients Say

Verified Google reviews from clients represented by the firm across Miami-Dade and South Florida. See our full client testimonials page for more.

 
 
 
 
 
 
 
  
 
 
 
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Absolutely recommend this law firm. They handled my case and I was amazed at the attention and information I got. I highly recommend them and will be using their services again.
  
 
  
 
 
 
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 Carlos Zaldivar 
 
 
 
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Andre is an exceptional lawyer.  Andre represented me in a civil case and did an exceptional job when I was told not to bother with a suit.  Andre succeeded, and I got my money back.  I send all my friends to Andre
  
 
  
 
 
 
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 Bob R 
 
 
 
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Andre has represented me, my family and friends on several legal matters. He is always available to provide sound, practical advice and more than willing and able to fight for you when necessary. It’s reassuring to have a qualified, experienced lawyer in my corner to protect me and my interests when I need it.

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Bob, thank you. Clients who return and who send their family and friends give me the highest compliment. I’m grateful for your confidence and I’m always here if you need me.
  
 
  
 
 
 
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 Phil Glatzer 
 
 
 
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As an attorney, I have often referred my clients to André for legal work that I myself cannot handle and everyone has always been very satisfied with his representation. I highly recommend him.

Owner's reply
Thanks Phil. A referral from a colleague who knows the work means a great deal to me. I take every case you send my way seriously, and I’m glad the clients were well served.
  
 
  
 
 
 
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 Pedro Carrera 
 
 
 
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I can always count on him. An honest lawyer.

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Thanks Pedro.
  
 
  
 
 
 
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 Gabriel Hernandez 
 
 
 
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Extremely quick and efficient . My ticket was handed and I didn’t have to worry about it once. His staff is also super helpful giving multiple updates on the status

Owner's reply
It's great to hear you were pleased. We are happy we were able to take the burden off your shoulders and resolve your issue for you.
  
 
  
 
 
 
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 Andrew Varela 
 
 
 
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An amazing attorney who gives every case the care and attention it deserves. His attention to detail is exceptional, and it’s clear that he takes pride in his work and truly cares about his clients. I highly recommend him to anyone looking for a dedicated, thorough, and attentive attorney!

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I really appreciate that Andrew. Thank you.
  
 
  
 
 
 
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 Daniel Hernandez 
 
 
 
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I highly recommend this law firm! I had a ticket, and they kept me updated and got it dismissed. Kaylee was my go-to for communication, and Andre is excellent at what he does.

Owner's reply
Thanks Daniel. I am glad we were able to resolve your issue.