Thomas W. Franchino, P.A.

Legal Aid Societies and Offices of the Public Defender

Most states have legal aid societies, which are non-profit organizations that provide free legal assistance to indigents in civil matters. States also have public defenders who provide free legal representation to low income persons in criminal, juvenile, mental health, and dependency cases.

Legal Aid Societies

Legal aid societies generally handle cases in the following areas: family law, elder law, employment law, civil rights law, disability law, public benefits law, consumer law, and housing law. For example, in the area of elder law, clients 60 years of age or older would get legal assistance for guardianships, powers of attorney, social security, Medicare, and Medicaid, as well as any other problems older adults often face.

Income Guidelines

Individuals who want to receive legal help from legal aid societies have to meet income guidelines for eligibility. Legal aid societies use the same income guidelines as those used by the Legal Services Corporation, a non-profit corporation set up by Congress to provide low-income persons with access to the legal system. The basic rule is that the maximum income level for access to free legal services is equivalent to 125 percent of the Federal Poverty Guidelines, which are issued by the United States Department of Health and Human Services.

Offices of the Public Defender

Public defenders provide free legal representation to indigents in criminal and related matters. The court appoints public defenders. If a person is accused of committing a crime and cannot afford to hire an attorney, a public defender will be appointed to represent the accused. Individuals are required to complete a financial statement to determine whether they can afford a private attorney. Public defenders also represent juveniles under the age of 18 who face juvenile delinquency proceedings and represent persons who are involuntarily confined to mental health facilities. There are federal public defenders (for representation in federal criminal matters) and state public defenders (for representation in state criminal matters).

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Areas of Practice

  • Avoidance of Fraudulent Transfers
  • Civil Litigation
  • Civil Trial and Appellate in State and Federal Court
  • Collections
  • Construction Disputes
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