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In California, public defenders are assigned by the judge during the defendant's first court appearance, which is called an arraignment. Public defenders are only assigned to defendants who can't afford to hire a lawyer, so the defender has to complete a financial form. If the judge or the public defender determines that the defendant can't afford a lawyer, the judge will assign a public defender at that time.

However, it is possible to obtain the services of a public defender before the arraignment. If the defendant is being questioned or put in a lineup, and can't afford a lawyer, the police will arrange for a public defender to be present, or allow the defendant to call the Public Defender's Office. If the defendant has been charged with a crime but is not in custody, he or she can visit the Public Defender's Office at any time. But the public defender assigned by the judge may not be the same person the defendant before arraignment.

The first related link is the Los Angeles Public Defender's Office, which has good information about their process (click the FAQ menu item). Other county Public Defender offices may have different procedures. The second related link has links to all Public Defender offices in California.

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11y ago
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13y ago

In most(all?) jurisdictions Public Defenders are only appointed to those persons who who cannot afford their own attorney due to insufficient income.

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Q: When should a Judge appoint a Public Defender?
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Your court date is in two days and you have no lawyer can you get more time to get a lawyer?

You should appear in court and tell this to the presiding judge. he will either grant you a continuance or perhaps, if you are financially qualified, appoint a Public Defender.


Who can you go to when your lawyer turns against you and is supposed to represent you in a criminal case coming up.especially when you know hes innocent?

Fire the lawyer and hire a new one, or ask the judge to appoint a Public Defender to you.


How can you replace your public defender and when is it to late?

Complain to the trial judge. Good luck.


Can you change your public defender if you don't think he is doing a good job in Tx?

In Texas - or any other state - you can't change your public defender if you don't think he is doing a good job. Only the judge can change your public defender, so you would have to convince the judge that the public defender is not doing a good job. See the first related link below for an example of this from the Dallas County Public Defender's Office (scroll down to the question "Can I fire my Assistant Public Defender?"). I found this at the second related link, which has links to Public Defender offices in several counties; you can call those offices and ask about their local procedures.


Can a judge deny you a public defender?

YES! If the Judge feels you do not qualify under the law and have adequate means of paying for one, then you will not get one.


How can you get a new public defender?

write to the PD's office and list your reasons for wanting another PD.


Can a judge in Missouri refuse to appoint a public defender if defendant home is paid for?

In Nevada you need to financially prove to the court that you cannot afford to hire an attorney. If you do get approved for a court appointed attorney, you still have to pay attorney fees at a low monthly payment. I'm not sure if it is the same in Missouri.


Should a public defender tell the felony judge what he heard in misdemeanor court?

Depends on the situation and whether or not it is relevant to his case. It sounds an awful lot like hearsay which is generally not permissible in court.


You got charged with theft by deception and found guilty but had nothing to do with that the judge just did not want to hear what you had to say what can you do?

You need a lawyer. Try a Public Defender. Sorry about the judge, man.


Does the judicial branch appoint the judge?

YES.


If you are unemployed can a judge deny you a public defender?

When you go to court and the judge asks you if you are indegent, that is what determins weather or not you get a public defender. The judge may ask if have a job, and you answer yes, then the judge will ask what your cost of living is. This is when you include rent, elec. things that are nessary to live. If you own a house or a car then you will be asked what the value of that item is. You may have to submit proof all of this. Basicly it boils down to the cost of living n our area, how much you make, and how much it cost you to live. If you do own property or a car a public defender can still represent you but you may be asked to pay a low cost fee. ACTUALLY YOU WILL BE AUTOMATICALY APPOINTED A PUBLIC DEFENDER IF YOU DO NOT HAVE THE MONEY TO PAY FOR ONE, PERSONALY I KNOW THAT THEY DO NOT ASK FOR LITERALLY POUNDS OF PROOF.


What should a judge do to gain public confidence?

Be just.