Each state (or even county) makes its own rules as to who qualifies for pro bono representation. However, as a general rule, if you are judged to be indigent, and there is actual risk of a jail or prison sentence, the court must appoint pro bono legal counsel.
If you don’t qualify for pro bono help but can’t afford the full cost of a private lawyer, you may still obtain the services of a court-appointed attorney. Most states provide for “partial indigency,” which means that, at the conclusion of the case, the judge will require you to reimburse the state or county for a portion of the costs of representation.
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