Indigent offenders receive representation from county

Video by Jon Huntsman

Attorneys of the county, state and private practices represent indigent offenders during times of need under a statute providing legal representation to all people.

Tim Smith, Attorney at-Law at Smith & Son Law, worked as a public offender for more than 20 years. While on sabbatical at Kent State he worked for the County Public Defender Commission full-time. He said he learned the responsibilities of a defender and became highly interested in giving offenders equal representation.

“I enjoyed it so much,” Smith said. “I opened up a practice in criminal defense work. I meet a class of people that I probably wouldn’t encounter anywhere else.”

Indigent offenders – citizens who are less fortunate and can’t afford to pay for an attorney– go through an appointment which determines if they qualify to receive government representation. According to Ohio’s Laws and Rules, applicants whose gross income are 187.5 per cent or less of federally established poverty levels are presumed indigent and entitled to appointed counsel. Applicants who receive more income may qualify for private counsel services.Payments for the attorney are made from the court and later reimbursed by the state.

Public Defender’s Office takes on 75 percent of indigent felony cases and 100 percent misdemeanor cases, Smith said. He gains most of his indigent offenders through court arrangements and periodically he gets clients from referrals.

“I’m on a rotating list,” Smith said. “As my name comes up I get appointments.Now occassionally I get people who call me, who contact me (and) say they need some help.. Most of my indigent offenders are appointed by the court.”

The Public Defender’s Office provided representation at the felony, misdemeanor, juvenile and appellate level in about 3,000 cases in 2014. Cases can last anywhere ranging from one to two months, or from eight months to a year. Dennis Lager, the Chief at Portage County Public Defender office said the most fulfilling part of helping indigent offenders is protecting citizens, no matter class, equally.

“Best thing I like about running office is being charged with the responsibility of protecting rights of people charged,” Lager said. He said they are “entitled” to these rights.

Smith also said he likes representing people who needs help.

“(My clients) can use all the help they can get. Often they are in desperate situations,” Smith said. “They also come from a subjected society where they have a hard time at making ends meet, they have a hard time at getting a job because they have criminal records, they have a hard time getting a job because they don’t have very many skills..I liked being able to help these people to the extent that I can. I find that rewarding.”

Learn more about public defenders on Portage County’s site.