A defendant can request a public defender at any time. The right for anyone to request an attorney comes from the 6th Amendment so that all may have access to a public defender to protect their rights.
Whether or not a defendant qualifies for a public defender is decided at the initial appearance hearing. This is the first court appearance a defendant will need to attend, and it’s typically where they will be informed of their rights and charges. When requesting a Public Defender the defendant will need to fill out an Affidavit of Indigency, which is their financial information for the court to review. Then, the judge will decide if a defendant can afford an attorney or not; if they can’t they will be declared as indigent and a Public Defender may be appointed to the case.
The defendant must be charged with the consequence of jail time to need an attorney.
Defendants are allowed to request a different attorney if they feel they are not getting the representation they need. Any and all concerns or conflicts must be brought to the judge and they will decide whether to appoint a new attorney or not.
Defendants should try to bring up questions and concerns to their attorney to avoid miscommunications and make sure their opinion is heard.
Defendants will receive the contact information of the Public Defenders Office they are appointed and should expect to meet with an attorney a week before their next court date. When an attorney receives an appointment they are normally only given the case number. It can take up to a week or more to fill the needed forms and arrange to receive all the information about the case from the court clerk and prosecution.
Through the rest of the process the defendant will decide how they want to move forward with the attorney there to give their recommendations and represent the defendant’s interests. The duration of each case varies but on average can take up to 3 months or more.
To make an appointment, please call and coordinate with the attorney.
For questions about court click here.
Defendants have the right to represent themselves if they wish. They will be responsible for their own proceedings in court from that point onward and will be expected to know and use the same rules as attorneys. For a self-help resource, defendants can go here.