In the end, the decision to accept an offer and end your case without a trial or to fight your case at trial is yours and yours alone. It is important to remember that all public defenders are experienced, skilled and effective trial lawyers. If you wish to go to trial, you can be sure that you will get vigorous representation from a dedicated advocate. Defendants who have been convicted after a misdemeanor or felony trial have the right to appeal their conviction.
This process is started by the trial attorney who, upon request of the client, will file a notice of appeal in the trial. A lawyer who specializes in appeals will then be appointed to represent you in your appeal.
However, your public defender will provide your appellate lawyer with all the information she needs to help you win your appeal. If you are already represented by a public defender on the case, call the Public Defender's Office where your case is pending and give the receptionist your case number, or your full name and date of birth.
That information will be enough to determine whether there is a warrant for your arrest. Arrangements can then be made through your attorney to accompany you to court to deal with the warrant. It is better to work with your attorney to deal with a bench warrant than to ignore the warrant and take your chances on being arrested and jailed.
In either case, you need to speak with a public defender and make arrangements to go to court to deal with the warrant. It is far better to do that than to take chances on being arrested on the warrant and then jailed. It would also be helpful to be able to explain why you failed to appear in court. If there is any written record such as a letter from your doctor or your employer which may help to explain your absence, the judge might consider giving you another chance rather than putting you into custody.
The Office of the Public Defender is available to represent you, in your criminal case, regardless of your citizenship status. The Office of the Public Defender will also provide you with accurate information regarding the possible immigration consequences to any potential resolution of your case.
Yes, whenever necessary, your public defender will obtain the assistance of an interpreter. An interpreter will be made available for interviews, consultations, and court proceedings.
A substantial number of our attorneys, clerical staff, and investigators are fluent in Spanish and other languages. In court, an official court interpreter will be obtained for whichever language or dialect is needed for you to be able to clearly communicate and understand everything that is going on in your case.
The Office of the Public Defender has a staff of highly trained and experienced investigators. Their job is to track down any witnesses and obtain any physical evidence that might prove a client's innocence or demonstrate a weakness in the prosecutor's case.
Not infrequently, it is due to the work by a dedicated Public Defender investigator that an innocent client is released from custody. The attorney-client privilege concerns the confidential communication between lawyer and client which cannot be disclosed to anyone without the consent of the client.
No, the Public Defender only represents persons subject to criminal prosecution, civil commitment, and some contempt citations. A Public Defender usually handles more trials in a year than many attorneys try in a lifetime.
Public defenders are also highly specialized. Most work only on certain types of caes, so public defenders are very familiar with the justice system. Court appointed lawyers are also actively practicing lawyers and usually very experienced in the type of cases in which they accept court appointments.
Some counties do not have a Public Defender's Office. In those counties, judges appoint lawyers who regularly practice in their courts or are on a court-appointed list indicating they will accept a court apopinted case. Those lawyers are paid from the court fund. Sometimes it would be impossible for the Public Defender's Office to fairly represent an individual's witness against one of their clients.
Sometimes the judge appoints a publice defender for one parent, when both parents are charged with child abuse or neglect. The Public Defenders Office would have a 'conflict of interest' if they represented both parents. In those cases, a judge will appoint a private attorney, called a conflict attorney, instead of a public defender for the other parent or for the child.
Along with the right to silence , the right to counsel affects ongoing police investigations. Massiah v. United States , U. The Sixth Amendment generally does not include a right to court-appointed counsel in post-conviction proceedings, such as appeals and habeas corpus petitions. The Supreme Court has held that defendants do not have a right to appointed counsel for discretionary appeals. Anders v. California , U. Robbins , U.
Pennsylvania v. Finley , U. Last reviewed October Criminal Law Contents. Criminal Law. Aggravating and Mitigating Factors in Criminal Sentencing. Restitution for Crime Victims. Receiving Immunity for Testimony in a Criminal Case. Classification of Criminal Offenses. Admissibility of Evidence in Criminal Cases. Criminal Appeals. Loading Close. Do Not Show Again Close. Sign In. Who Qualifies for a Public Defender? Arrow Left Arrow Right.
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