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Hi all. Just a quick question. I got an attorney from the court and she told me when I asked that I might have to pay a "legal counsel fee." I thought that because I don't have a lot of money that the state would have to pay for my lawyer. Right? If I do get charged this fee and I don't pay it what will happen? Thanks.

Legal Counsel Fee

The court provides counsel at it's expense, however, you are required to pay a small fraction of the legal fee. The amount you are required to pay is no less than $150 and it was assessed when the lawyer was appointed. If you do not pay the fee the court could hold you in contempt until the fee is paid. If you cannot pay the fee you should ask your lawyer to ask the court to perform community service in lieu of payment of the counsel fee. For a $150 counsel fee the court typically requires 15 hours community work service.
 
Attorney Kevin Gaughen, Jr.

Legal counsel fee

Those interested in more information about legal counsel fees, and other aspects of our public defender law, can check out Massachusetts General Laws Chapter 211D.  Attorney Gaughen is correct:  It is not a good idea to fail to pay the counsel fee.  Chapter 211D also allows the Department of Revenue to collect the legal counsel fee out of any future tax refund you may be entitled to.  Similarly, the legal counsel fee could be deducted from any payments you receive from the Department of Welfare. 

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