Court-Appointed Defence Lawyer (Ex Officio): Pros, Cons, and When You Qualify
“I don’t need anyone – they’ll assign someone to me.”
“I can’t afford a lawyer, so hopefully they’ll appoint one.”
“Hopefully they’ll do a good job, even if they’re paid by the state…”
You may think a court-appointed (ex officio) lawyer is free and automatically helpful. But the reality is more complex. Not every appointed lawyer will truly defend you – and you’re not always entitled to one.
Sometimes, ex officio defence is a lifesaver. Other times, unfortunately, it’s just a formality that changes nothing. And the difference depends on what you do.
People often search “free public defence lawyer” or “state-assigned attorney.” It’s important to know:
A court-appointed lawyer is not always free – the state may cover the cost only temporarily or only in specific cases
You’re not automatically entitled to one – only in cases of mandatory defence
The assigned lawyer is not always the best fit, even if they are qualified
You often have the right to choose your own lawyer – and the state may still pay
🧾 What you’ll learn in this article:
What ex officio defence means
When you’re entitled to a court-appointed lawyer
How fees are paid and when you might owe money
Pros and cons of ex officio defence
How to choose your own lawyer in time
⚖️ What Is a Court-Appointed Defence Lawyer?
An ex officio lawyer is appointed by a court or police if:
defence is mandatory (e.g. serious crime, minors, custody),
you haven’t chosen your own lawyer,
the authorities determine legal protection is needed.
The lawyer then acts on your behalf just like a privately hired one.
📌 When Are You Entitled to an Ex Officio Lawyer?
Czech law defines cases of mandatory defence, such as:
| Situation | Mandatory Defence? |
|---|---|
| Facing over 5 years in prison | ✅ Yes |
| Held in custody | ✅ Yes |
| You’re a minor or highly vulnerable | ✅ Yes |
| Main trial begins and you lack a lawyer | ✅ Yes |
| Misdemeanor charges | ❌ Usually not |
💰 Who Pays for the Ex Officio Lawyer?
The state pays temporarily – but if convicted, you may have to reimburse the costs
If charges are dropped or you’re acquitted, the state bears the cost
You can apply for full waiver of payment in some cases, even if convicted – based on financial hardship
✅ Advantages of Court-Appointed Defence:
Quick assignment – especially in custody or emergency situations
Ensures basic legal protection if you have no lawyer
You can request a different lawyer if unsatisfied
❌ Disadvantages:
You may not get to choose unless you act early
Some ex officio lawyers do the bare minimum
High caseloads mean they might not have time to properly defend you
🎯 Tip: Take Advantage of Your Right to Choose
If you know your case requires defence, you can choose your lawyer and notify the court or police.
Your chosen lawyer can then act in the role of an ex officio lawyer – but it’s your lawyer, not someone random.
Sadly, many people miss this opportunity – and regret it later.
🛡 Don’t wait for someone to assign you a name.
📞 Get in touch – I’ll help you secure proper defence, even as an ex officio lawyer if applicable.
💬 I’ll explain costs, next steps, and what strategy is best for your case.
Contact a legal professional – I specialize in criminal law.
Learn more here.
- Publikováno:
- Naposledy aktualizováno: 03/07/2025
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Court-Appointed Defence Lawyer (Ex Officio): Pros, Cons, and When You Qualify
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