Everyone has the right to a lawyer in a criminal case. If you can't afford one, in some cases the state pays for your defence — through the Legal Aid Service (legalaid.ge).
When you are entitled to a free lawyer
Under Article 46 of the Criminal Procedure Code, the state pays for the defence in two situations:
- You are unable to pay and ask for a lawyer to be appointed
- Your case is one of mandatory defence and you have no private lawyer
Who counts as unable to pay
Mainly a member of a family registered in the database of socially vulnerable families with a rating score of 70,000 or less. For some groups the threshold is 100,000. The detailed rules are set by Government Resolution No. 424.
Mandatory defence — when a lawyer is required
Under Article 45, the accused must have a lawyer in cases including when they:
- Are a minor
- Don't speak the language of the proceedings
- Cannot defend themselves because of a disability
- Have been ordered to undergo a forensic psychiatric examination
- Face a possible life sentence
- Are negotiating a plea agreement
- Are tried by a jury
In these cases, if you have no private lawyer, the state appoints one regardless of your income.
How to get a free lawyer
- Ask for a lawyer as soon as you are arrested or before any questioning — tell the investigator, prosecutor or judge.
- The prosecution and the judge must immediately contact the Legal Aid Service.
- You can also apply to the Legal Aid Service yourself.
Free or private lawyer
Many state-appointed lawyers are experienced professionals. The main difference is that you choose a private lawyer yourself — their experience, specialisation and how much time they give your case. You can hire a private lawyer at any stage, even if the case started with a state-appointed one.
This article is general information and does not replace advice from a lawyer on your specific case.
Every case is different — don't rely on general information. Contact a lawyer for advice.
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