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Public Defender's Frequently Asked Questions

What is a Public Defender?
A Public Defender is an attorney licensed by a State Bar who is appointed by the court to represent people who are financially unable to hire an attorney.  The Public Defender ensures fair representation for those who cannot hire a private attorney.

What is the Alternate Public Defender?
The Alternate Defender�s Office provides representation for defendants whom the Public Defender cannot represent.  This may occur, for example, when the Public Defender�s Office already represents another defendant accused in the same case, or the defendant happens to be a witness against another Public Defender client in a separate case.  This is called a conflict of interest.

When both the Public Defender and the Alternate Defender are unable to represent a client because of a conflict of interest, the court will appoint other counsel.

Who does the Public Defender Represent?
The Office of the Public Defender represents adults charged with a misdemeanor or felony crime or a violation of probation; and juveniles charged in the juvenile court.  Public Defenders may also be appointed to represent individuals subject to proceedings related to involuntary civil mental health commitments. The Office of the Public Defender does not represent crime victims.  Crime victims should contact the District Attorney�s Victim Witness Assistance Program for further information.  In addition, the Office of the Public Defender is unable to represent individuals charged with infractions - offenses punishable by only a fine.  However, the Office of the Public Defender does represent individuals on several driving related offenses, such as driving under the influence, reckless driving, etc.  You can contact the Office for further details.

What sorts of cases does the Public Defender handle?
The Office of the Public Defender handles cases ranging from simple misdemeanor to complex felonies and death penalty cases, as well as Mental Health proceedings and criminal cases in Juvenile Court.

Does the Public Defender provide representation for Juvenile Dependency cases?
The Office of the Public Defender does not provide representation in Juvenile Dependency cases (Penal Code Section 300).  If you need additional information on Juvenile Dependency representation you should contact Dependency Legal Services at (408) 995-0442.

What is the difference between the Public Defender and the District Attorney or County Counsel?
The Office of the Public Defender represents the accused in a criminal proceeding.  The District Attorney represents the State in a criminal proceeding..

How do I get a Public Defender to represent me?
At your first court appearance there is usually a Deputy Public Defender, assigned to the court, who may be able to assist you.  If you are out of custody, you will be referred to the Office of the Public Defender to complete a financial eligibility questionnaire to determine if you qualify for Public Defender representation or if you are financially able to hire a private attorney.  If you are in custody the Public Defender is usually automatically appointed unless private counsel has already been retained. 

Do Public Defenders have the same obligations as private attorneys?
Although the Office of the Public Defender is a governmental entity or government funded, it is also a law office.  The attorneys represent the clients with the same skill, zeal, and confidentiality as a private attorney.

Can I speak to a Public Defender even though I already have an attorney?
No. Once you are charged as a defendant in a criminal case and are represented by an attorney, either appointed or retained, the Public Defender will not speak with you.

Can I speak to a Public Defender before my arraignment (first court appearance)?
The Office of the Public Defender can provide general information regarding the court process.  The specifics of your case will not usually be discussed until the Public Defender has been appointed. 

What language services are available?
Public Defenders and the Courts usually can provide language assistance and interpreters as needed.

What should I do if I am arrested or I believe I am under suspicion in a police investigation?
Consultation with an attorney is always the most prudent step, therefore, you should contact a Public Defender or a lawyer to consult with them before you do or say anything else (even if charges have not yet been filed against you).  Any consultation with an attorney will be completely confidential as dictated by law under the attorney/client privilege

 

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