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FAQS - Getting A LawyerTo get your answer, click on the applicable link below.Return to Main FAQS page.
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Absolutely! All Deputy Public Defenders are full-fledged attorneys who are members of the State Bar and have been licensed to practice law in the State of California. In order to become a Deputy Public Defender, any individual who has already passed the State Bar examination must also go through a rigorous interview and oral examination to ascertain whether he or she has the intellectual ability, the legal knowledge, and the commitment to practice criminal defense law. Throughout their entire careers as Deputy Public Defenders, all attorneys are further required to continue their legal education by attending regular classes and seminars regarding any advances in the practice of criminal defense law. -----Return to Top of Page----- The primary responsibility of the Public Defender's Office is to ensure the representation of any person -- whether in custody or not -- who has been accused of a crime, but is currently unable to afford to hire private defense counsel. If you have been arrested and remain in custody, you will be brought to a local court usually within 48 hours of your arrest. If you are not in custody, you will be given a time and place to appear for your first court date. The first court date is called the arraignment. When you first appear in court for your arraignment, you will be represented by the Public Defender's Office upon your request if your are indigent. A Deputy Public Defender who handles arraignments in the court where your case is set will be in the courtroom to review the files describing the charges against you along with the police reports. After reviewing the paperwork, this attorney or a Public Defender paralegal will meet with you to explain the charges and the legal process. In some cases the Deputy Public Defender who represents you at this first appearance will handle all of your case. In other cases you might be represented by more than one attorney during different proceedings. The Public Defender's Office represents only those people who cannot afford to retain their own attorneys. At your arraignment -- whether you are in custody or not -- the County of Los Angeles may require that you complete a financial statement regarding your assets to determine whether you can afford a private attorney. A Public Defender employee will be available to assist you in completing this form. Even if you do qualify for our services, the County will request that you pay a registration fee of $25.00 for the services of the Public Defender's Office, as is required by State law. Although not every court handles the issue of financial eligibility for the Public Defender in the same way, a determination as to whether you are eligible for our services will be made either by the judge in the arraignment court or by a Deputy Public Defender in that particular court. However, no person will ever be denied the assistance of the Public Defender because of inability to pay the registration fee or any other cost of appointed counsel. -----Return to Top of Page----- Being charged in a criminal matter can be extremely traumatic for anyone. It is perfectly understandable that in some cases you may want to speak with a Deputy Public Defender even before your first scheduled court date. If this is the case, you do NOT have to wait for your first court appearance to talk to a Deputy Public Defender. The best way to speak to a Deputy Public Defender is to call the Public Defender's Office at the courthouse nearest where you were arrested and ask to speak to an attorney. If you are in custody, we will accept a collect call. (Click here for a list of our office locations and telephone numbers.) A Deputy Public Defender may not be immediately available because most Public Defender attorneys spend much of their time representing their clients in courtrooms. However, if you feel your matter is urgent, be sure to say so when you call any Public Defender office. You will be connected with an experienced criminal defense attorney who will be able to give you enough basic legal information so that you can feel more confident when you first walk into court. Keep in mind, however, that the attorney you talk to before your court date will not have your specific charges or police reports at his or her fingertips. In that situation, the attorney you speak with would do his or her best to discuss how the law may affect you, what your rights are, as well as how your legal representative can acquire and preserve evidence to assist you in your case. Another option is for you to actually go to the courthouse to speak to a Deputy Public Defender in person. However, be aware that you may have to wait to speak with an available attorney; perhaps the most practical way to get all the information you need is for you to call and schedule an appointment in advance, just as you would for a visit to the doctor or dentist. It is quite natural to feel overwhelmed if you have been charged in a criminal case. If this ever happens to you, do not hesitate to call the Public Defender's Office for assistance. That is what we are here for. Before an individual who is in custody may be questioned regarding a crime, the law requires the police to inform that person that they have the right to remain silent and the right to counsel. If the person does not waive the right to an attorney, the police must arrange for the presence of an attorney before questioning can take place. Likewise, if the police wish to place a person who has been arrested into a lineup, that person has the right to the presence of an attorney at the lineup. The Public Defender has attorneys on call to serve those functions. An attorney who responds to the police station or jail serves as the person's attorney in the same way as if the attorney had been retained to represent the person. The attorney represents the client, not the police. -----Return to Top of Page----- (Click here for a list of our offices and telephone numbers.) Most of our offices are equipped with 24-hour voice mail. In those that do not have voicemail, a receptionist will be available to take your message during working hours. Anytime you have to leave a telephone message for your attorney or speak with a receptionist, always remember to speak slowly and clearly. Leave your complete name, your case number, your next court date (if you know it), a telephone number, and the best time for your attorney to contact you. In some situations, a specific Deputy Public Defender might not yet have been assigned to represent you. If this happens, ask to speak with the Deputy in Charge of that particular office. -----Return to Top of Page----- Call the Public Defender's Office where your case is pending. (Click here for a list of our offices and our telephone numbers.) Provide the receptionist with your case number, or -- if you can't remember the number -- provide your full name and date of birth. Ordinarily, that information alone will be enough to help our staff determine the name of your Deputy Public Defender. The receptionist will then give you the direct number for the Deputy Public Defender and connect you to that person's office. -----Return to Top of Page----- Our office has access to some of the court's records via computer. If you call the office of the Public Defender where your case is being heard, most likely our staff will be able to tell you your next court date. (Click here for a list of our offices.) Whenever you call a Public Defender Office, it is always very helpful to have your case number available. Another way to find out your next court date is by calling the Deputy Public Defender who is representing you in your criminal case. -----Return to Top of Page----- Simply call the office of your Deputy Public Defender and give your name and case number to the receptionist. In most circumstances, our staff will be able to tell you the precise location of your particular court and give you directions how to get there. (Click here for a list of our offices.) Another way to locate your court is to call the Deputy Public Defender who is representing you in your criminal case. -----Return to Top of Page----- You might, but it depends on your personal financial situation. Under California law, every person who is represented by a court-appointed attorney, which includes the Public Defender's Office, may be asked to pay a registration fee of up to $25 to the County of Los Angeles. You will not be forced to pay anything if you cannot afford to pay the registration fee. When your case ends, if you have been represented by appointed counsel, such as the Public Defender's Office, the judge may conduct a hearing to determine whether or not you have the present ability to pay all -- or a portion of -- the costs of your court-appointed attorney. At this hearing, depending upon your income and expenses, the judge may order you to pay for the cost of the services of your attorney, some of the cost -- or none. If the judge determines you have the ability to pay some or all of the costs, you will be ordered to pay according to your financial situation. If you cannot afford to pay, you will not be required to do so. -----Return to Top of Page----- It depends on all of your current financial circumstances and how much debt you have. As such, there is no specific dollar figure which makes you ineligible for the services of a Public Defender. For example, individuals who are in custody and are unable to post bail are presumed to be eligible for Public Defender services. On the other hand, if they can afford to post a large amount for bail they might not be eligible. If they have enough financial assets to afford private counsel, they are not eligible to be represented by a Public Defender. Regardless of whether a defendant is in custody or out of custody, all of that person's financial obligations (such as the need to support a family, pre-existing debts, rent/mortgage, etc.), are balanced against assets and income in determining whether that person can afford to hire private counsel. -----Return to Top of Page----- The County of Los Angeles has established the office of the Alternate Public Defender. That office provides representation for defendants whom the Public Defender cannot represent. This may occur, for example, when our 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." Attorneys who work for the Alternate Public Defender are not employees of the Public Defender's Office. When both the Alternate Public Defender and the Public Defender cannot represent a client because of a conflict of interest, the court then appoints a private attorney. Those attorneys, likewise, are not employees of the Public Defender's Office. -----Return to Top of Page----- Are all "appointed attorneys" employees of the Public Defender's Office? No. If you are accused of a crime and cannot afford to hire your own attorney, the court will usually appoint the Public Defender's Office to represent you. However, in some situations, a "conflict of interest" may arise, which would make it impossible for our office to effectively work on your behalf. A good example of this might be where our office is already representing another defendant accused in the same case. In that event the court will appoint an attorney from the office of the Alternate Public Defender, or an attorney in private criminal defense practice. Neither the attorneys employed by the Alternate Public Defender, nor the private attorneys who accept such appointments are employees of the Public Defender, even though they have been appointed by the court. -----Return to Top of Page-----
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