Frequently asked questions

A Macomb County Public Defender is an attorney who works for Macomb County and who is appointed to represent people charged with criminal offenses who can't afford to hire an attorney. The Constitution guarantees everyone charged with a criminal offense the right to an attorney, even if they are indigent and cannot afford one.  In Macomb County, an indigent criminal defendant may be assigned a Macomb County Public Defender or a Roster Attorney.

A Public Defender is an attorney who is an employee of Macomb County hired to represent indigent persons in criminal cases.  The Public Defender only handles criminal cases for indigent persons charged with crimes.  An assigned Roster Attorney is a private practice attorney who agrees to be assigned to indigent criminal defense cases.  A Roster Attorney is not an employee of Macomb County.  A Roster Attorney has their own office, and may handle privately retained criminal cases and many other types of cases.

To qualify for assignment of a Public Defender or assigned Roster Attorney, a person must be “indigent," that is, unable to afford to pay for an attorney. This is determined by the judge or magistrate.  The judge or magistrate will consider your finances to determine whether you qualify for an assigned attorney. A person is presumed indigent if their income is less than twice the poverty level.

When at court for your arraignment, you can ask for an assigned attorney.  The judge or magistrate at the arraignment will ask if you will be hiring an attorney or if you need one assigned.  If you need an assigned attorney, the judge or magistrate will decide whether or not you qualify for an assigned attorney.  You will often be asked to fill out an Attorney Request form. You may be responsible for paying some or all of the costs of the assigned attorney at the end of your case.  The assigned attorney may be a Public Defender or a Roster Attorney. The attorney will try to contact and meet with you prior to the next scheduled court hearing.

In felony cases, the local Assigned Council System or the Macomb County Office of Public Defender may provide an attorney for you at your arraignment date.  At the arraignment, the court will ask if you are hiring your own attorney or need an assigned attorney.  The Macomb County Office of Public Defender assigns attorneys to felony defendants if the court decides they are "indigent," that is, unable to pay for an attorney.  The attorney may be a Public Defender attorney or an assigned Roster Attorney.

In most misdemeanor cases for defendants who are indigent, the local Assigned Counsel System will assign your attorney. The Macomb County Office of Public Defender currently assigns attorneys for misdemeanors in only three courts, New Baltimore, Romeo and Shelby.  Again, the attorney may be a Public Defender employee or a Roster Attorney.

No. The Macomb County Public Defender’s Office and its attorneys only represent defendants in criminal cases. Attorneys at the Macomb County Public Defender’s Office do not represent you or provide legal advice in cases other than in your assigned criminal case. Advice cannot be provided for related/unrelated matters including the following:

• any type of civil case seeking civil damages;
• any property dispute;
• divorce, domestic or child support cases;
• landlord tenant cases for eviction or otherwise;
• civil contempt hearings;
• civil infraction (such as traffic tickets with no possibility of jail time);
• bankruptcy;
• neglect & abuse petitions;
• civil appeals.

No legal advice about any of these types of cases can be provided by a Public Defender attorney. 

You may ask for advice from a Roster Attorney which may require payment for services.  An assigned Roster Attorney, (not employed by the Macomb Public Defender’s Office), may choose to provide legal advice or representation in matters not assigned to them.  Usually, you have to pay for that advice or representation.  Roster Attorneys are not required to provide any other representation or legal advice other than in the criminal case assigned to them. 

You do not get a Public Defender or Roster Attorney assigned to your case by making a phone call.  You do not get a Public Defender or Roster attorney by coming to the Office of Public Defender.  Instead, the method for getting a Public Defender or Roster Attorney assigned to your case is by asking the judge.  You typically must make this request at court.  You will need to answer questions about your finances and ask to have an attorney assigned to represent you.

A Public Defender is a licensed Michigan attorney.  They are paid by the Macomb County Office of Public Defender.  Roster Attorneys are also licensed Michigan attorneys. The attorney assigned to your case is selected based on level of experience and willingness to handle your type of case. 

No, you can't choose a specific attorney to represent you.  Whether a Public Defender or Roster Attorney, the assignment is made by rotation. 

You can always choose to hire an attorney of your choice to replace an assigned attorney at any time.

If you cannot afford to hire an attorney, an attorney is assigned.  You do not get to choose your assigned attorney. Should a breakdown in the relationship occur, then you can ask the judge for a different attorney.  Your request may or may not be granted.  To change your assigned attorney there has to be a good reason. A hearing may be held.  There is no guarantee that you will be satisfied with the next randomly assigned attorney.  A request should be made with caution, and there must be reasons that amount to a breakdown in the attorney-client relationship before a change will be considered.

Your request for different assigned attorney is not made to the Macomb County Office of Public Defender.  The Macomb County Office of Public Defender does not have authority to remove an attorney from your case.  Only the judge can remove an assigned attorney from a case.

No. You can't have both a Public Defender and a retained attorney.  Once you are represented by a retained attorney, neither a Public Defender nor a Roster Attorney will provide legal advice in your case.

When you are assigned a Public Defender or Roster Attorney, they should reach out to you so that you can meet prior to the next court date.  If you are in jail, then the assigned attorney should meet with you within 3 business days. If you are out on bond, the assigned attorney should reach out to you prior to the next court date.  This can be by phone, letter, email, etc. 

If you have an assigned attorney and have not been contacted, you may phone or email the Macomb County Office of Public Defender for the contact information of the attorney assigned to your case.  Our phone number is 586-466-8311 and our email is publicdefender@macombgov.org

A person who is assigned an attorney does not usually need to pay for the cost of legal services.  If there is a partial ability to pay, some courts may require contribution payments during the course of the case.  (As of March 2025, Macomb County courts do not currently require payment or contribution.)

At the end of your case, if there is a plea or conviction, and the Court determines that you have an ability to pay, then part of the sentence may include paying back assigned attorney fees.

Private communications with a Public Defender or Roster Attorney are confidential.  Attorney-client privilege protects these conversations from disclosure without consent of the client.

If English is not your main language you may be a person with “Limited English Proficiency” (LEP person). You can ask the court to give you an interpreter so you can participate in court proceedings.  Your assigned attorney may also need to request an interpreter for private meetings with you.  Let your attorney know about your language issues as soon as possible.

Yes.  If you are charged with a crime and can't afford an attorney, you can get an assigned attorney.  The assigned attorney will represent you in the criminal case and also advise about how a plea or conviction will affect your status regarding things like your green card or work visa.

If you need to tell the Macomb County Office of Public Defender something good or bad about an assigned attorney, download this form, type it out and send it back to us: Public Feedback Form