It’s hard to know where to turn when you desperately need legal help but can’t afford it. If you are arrested or charged with a crime, you have the right to have the state appoint an attorney if you can’t afford one. If your legal matter relates to family law (divorce, child support or custody, domestic violence, adoption) or civil matters (debt collections, small claims court, or filing a lawsuit for damages, like after a car wreck), the Constitutional right to free representation, unfortunately, does not extend to you. However, there may be other options open to you for these matters.
A Greenville personal injury lawyer may take your case if it’s civil and involves personal injury. Many firms offer representation up front and take payment on the contingency that they win your claim. Your options for free or reduced-rate legal representation typically depend on the matter.
Services provided by South Carolina Legal Services
South Carolina Legal Services offers free legal assistance in civil matters, including consumer issues, some family law issues, housing and landlord-tenant issues, and employment concerns for people who meet the income requirements. Your household income and family size determine your eligibility.
Your rights to a public defender in South Carolina criminal matters
The court will appoint an attorney if you cannot afford one. However, you must go through an income screening process through the South Carolina Commission on Indigent Defense (SCCID) to qualify. Although the South Carolina Code of Laws guarantees your right to have a criminal defense lawyer provided for you, there are some requirements you must meet to have a free lawyer.
To qualify, your household income must be below the federal poverty level. Start by completing an affidavit stating that you are financially unable to get a lawyer and pay the $40 fee for your application. The affidavit includes a list of your assets (your car, house, bank accounts, etc.). If the court determines that you have some assets but not enough to pay a lawyer to handle your case, by law, it may order you to pay these assets to the general fund of the State. So, you may have a lawyer appointed for you, but you’ll have a claim against certain assets. Depending on your situation, the judge may waive this claim, but this isn’t guaranteed.
Legal help for civil cases
If your case involves family law, your best option may be to see which family law attorneys in Greenville and the surrounding areas offer pro bono services or a payment plan for services. Not all do, so you may need some legwork to find an attorney to represent you.
If you got hurt in an accident or because of an incident that wasn’t your fault, like being hit by a careless driver, eating contaminated food, getting hurt at work, or slipping and falling at the grocery store, talk to a personal injury lawyer about handling your case on a contingency basis. While you still have to pay legal fees, you won’t have to pay money up front; attorneys who work on a contingency fee basis take their fees out of any settlement you get for your case, and usually, you don’t have to pay if they don’t win your case.
Do you need legal help?
If you don’t qualify for a public defender, our criminal defense attorneys are ready to hear your story. And, if you have been hurt because of someone else’s negligence, please contact Smith Jordan Law at (864) 343-2222 to talk to one of our personal injury attorneys. We can evaluate your claim and explain our contingency fee representation.
