A public defender is an attorney who works for the County and who is appointed to represent people who otherwise cannot reasonably afford to hire an attorney. The Constitution guarantees everyone the right to an attorney, even if they cannot afford one. A court-appointed attorney is an attorney with a private office who agrees to take court-appointed cases.
A public defender is an attorney employed by the County to represent indigent persons in criminal cases. The public defender only handles criminal cases for indigent persons charged with crimes. A court appointed attorney is an attorney in private practice who is appointed to represent an indigent person charged in a criminal matter. The court appointed attorney is not an employee of the County, has a private office, may handle retained cases and may handle many types of cases.
To qualify for a public defender or court appointed attorney, a person must be “indigent.” This is determined by the judge. While there is no exact definition of who is “indigent,” some definitions include a person that is no more than 25% above the poverty line, based on the number of people in the household.
When at court for arraignment, you can request one from the judge/magistrate, and you will often be asked to fill out the court appointed attorney request form. Many times the judge/magistrate will ask whether you will be hiring an attorney or whether you need one appointed.
In most felony cases, if you have not bonded out, the court will automatically appoint a public defender for you at your first court date. This first court date is your “arraignment.”
The Public Defender’s Office is not authorized to handle cases other than defense in a criminal case for indigent defendants. The Public Defender’s Office does not represent anyone in any type of civil case, (such as child support, eviction, contempt, divorces or civil infraction traffic tickets.) No legal advice is given in civil matters. The Public Defender’s Office does not represent juveniles or parents of juveniles in Family Law Court Juvenile Division.
A court appointed attorney who is not employed by the Public Defender’s Office may or may not represent person in non-criminal matters. You may discuss these matters with the court appointed attorney. They generally charge fees for their legal services. The court appointed attorney is not required to represent you in any related/unrelated matter as part of the court appointment.
The method for getting a Public Defender or Court Appointed Attorney is to appear in court, answer questions about indigency and then have an attorney appointed to represent you. Your attorney may be a public defender employed by the Office of Public Defender, or, may be a court appointed attorney in private practice who has agreed to represent indigent defendants. You must apply and be determined indigent to have an attorney appointed to represent you.
A public defender is a licensed attorney who is paid by the government to provide representation to indigent clients who are charged with crimes.
No. You cannot choose the particular attorney who is assigned to your case. You also cannot choose whether a public defender or a court appointed attorney is assigned to represent you. You are always free to hire a different attorney to represent you at your own cost.
You can always hire an attorney of your choice to represent you. Changing an appointed attorney does not happen without some justification. To change your public defender or court appointed attorney to a new one, you generally need to write a letter to the judge and/or contact the public defender's office or the court appointed attorney’s office so that a hearing can be scheduled. The issue will be considered by the judge and a determination made as to whether there has been a breakdown in the attorney-client relationship. The request could be granted or denied.
No. Once you are represented by an attorney, the public defender or court appointed attorney cannot speak with you about your case.
Yes, it is understandable that you might want to speak with a lawyer from the Office of the Public Defender before your first scheduled court date. You may call and an available attorney will speak with you.
If a person cannot afford to hire an attorney, courts will appoint a lawyer free of charge, not only for felony cases but also for misdemeanors that can result in incarceration. In some cases, the court will order that the attorney fees for a public defender or court appointed attorney be repaid as part of the fines and costs in the case.
The attorney-client privilege concerns the confidential communication between lawyer and client which cannot be disclosed to anyone without the consent of the client.
If English is not your main language and you cannot understand or speak in English, you may be a person with limited English proficiency (LEP person). You can ask the court to give you an interpreter so you can meaningfully participate in court proceedings.
Yes, as long as the court deems you to be an indigent person, and appoints a public defender or court appointed attorney to represent you, the attorney will do so regardless of your citizenship