Frequently Asked Questions from Clients
General questions
What is a Public Defender?
A public defender is a fully licensed criminal defense attorney. We've graduated from law school and passed the bar — we're the same as any lawyer in private practice. Our job is to defend you.
Aren't public defenders just government lawyers?
No. We do not work for the State, and we are not affiliated with the District Attorney, the County Attorney, or law enforcement. We work for you — full stop. The prosecutor is our adversary.
Is what I tell my attorney confidential?
Yes — completely. Everything you share with your attorney and our support staff is protected by attorney-client privilege. We have a legal and ethical duty to keep it confidential.
Eligibility & cost
Do I have to pay for a Public Defender?
No. Our representation is free. You cannot pay us, and you should not try to — it will not affect how hard we work for you. Every client gets our full effort.
Who qualifies?
Anyone accused of a crime who cannot afford a private attorney may qualify. The court will have you fill out a short income form. If the judge finds you are "indigent," an attorney will be appointed at no cost.
What if I'm from another state or country?
We will represent you regardless of where you are from or your immigration status. Everyone is entitled to a defense.
I was just arrested — what now?
Most important thing to know
Say clearly: "I want an attorney." Then stop talking. Do not answer questions, do not explain yourself, do not try to be helpful. This applies even if you are completely innocent. Remain silent until you speak with a lawyer.
What should I do first after being arrested?
Stay calm. Do not resist or argue. Beyond providing basic identifying information if required, say nothing. Ask for an attorney — then wait.
When will I see a judge?
Within 48 hours of arrest, you are entitled to appear before a magistrate. The court will determine whether there was probable cause for your arrest and set a bond amount. This is not your trial — it is a brief initial hearing.
The police want to question me. Should I cooperate?
No. Politely decline and ask for an attorney. Police are allowed to be misleading during questioning, and anything you say can be used against you — even innocent statements. You have an absolute constitutional right to remain silent. Use it.
Can the police search me or my home?
You have the right to refuse consent. Say clearly: "I do not consent to a search." If they search anyway, do not physically resist — just make sure you said no. Your attorney can challenge an unlawful search later in court.
How long can they hold me before filing charges?
If you're in custody, the State must file charges within:
- 90 days for a felony
- 30 days for a Class A misdemeanor
- 15 days for a Class B misdemeanor
How to get a lawyer
How do I request a court-appointed attorney?
At your first appearance before a magistrate, tell the judge you cannot afford an attorney and want one appointed. You'll fill out a financial form, and once the court confirms eligibility, an attorney will be assigned.
Can I contact the office before my first court date?
You can call us with general questions, but we cannot formally represent you or discuss your case until the court has appointed us. The most important step is requesting appointment at your first hearing.
How will I know who my attorney is?
Your attorney will reach out directly — in person if you're in jail, by phone if you've been released. You can also call our office if you haven't heard anything after a few days.
What if the court appoints a private attorney instead?
That sometimes happens if our office has a conflict or is at capacity. Either way, it's free to you. If you're unsure who was appointed, contact the court clerk.
If you're still in jail
How will my attorney reach me in custody?
Through in-person visits at the jail and by phone. If you haven't heard from your attorney within a few days of your appointment, ask jail staff or inmate services to help you contact our office.
Can I call my family from jail?
Yes — but do not discuss your case on jail calls. All calls are recorded and can be used as evidence. If a family member asks what happened, say: "I can't talk about this because the call is recorded."
What is a bond and how do I get out?
Bond is what allows you to be released while your case proceeds. There are two main types:
- Surety bond — a dollar amount set by the court. Pay it in full, or use a bondsman for a fee (usually 10–15%).
- PR bond — released on your promise to appear. No money required, but not everyone qualifies.
What if I can't afford my bond?
Tell your attorney right away. They can request a bond reduction hearing and argue for a lower amount or a PR bond. Sitting in jail because of an unaffordable bond is something we take seriously and will fight.
Will I keep my attorney after I bond out?
Yes. Posting bond does not affect your representation at all. Contact your attorney as soon as you're released.
The police took my belongings. How do I get them back?
Your attorney can file a motion to return your property. Make sure to tell them what was taken.
If you're out on pretrial bond
I was just released. What should I do?
Contact your attorney as soon as possible. Confirm your next court date and ask what you need to do before then. The earlier you connect, the better we can prepare your defense.
What are bond conditions and do I have to follow them?
Yes — absolutely. Bond conditions are court orders. They may include check-ins, drug testing, travel restrictions, no-contact orders, or electronic monitoring. Violating any condition can send you back to jail. If you're unsure what your conditions are, ask your attorney or the court clerk immediately.
What if I can't afford to comply with a condition — like drug testing fees?
Tell your attorney right away. There may be options to modify the conditions. Do not simply stop complying without speaking to your attorney first.
Can I travel while on bond?
It depends on your conditions. Some bonds restrict travel outside a certain area. Check with your attorney before making any travel plans — even a short trip.
Can I contact the alleged victim or witnesses?
Not if there's a no-contact order in your conditions. Violating a no-contact order is a separate criminal offense and can also result in your bond being revoked. If you're uncertain whether one applies to you, ask your attorney before reaching out to anyone connected to the case.
Should I post about my case on social media?
No. Do not discuss your charges, the incident, or anything related to the case anywhere — not social media, text messages, or phone calls. Prosecutors use social media posts as evidence. Treat everything you say or write as potentially admissible in court.
What if I miss a court date?
Contact your attorney immediately. A missed court date will likely result in a warrant for your arrest. The sooner you act, the better the chance of addressing it before more consequences pile up.
How the process works
What kinds of cases do you handle?
Cases where someone faces jail or prison time — Class A and B misdemeanors, felonies, juvenile delinquency, and appeals. We do not handle Class C misdemeanors (like traffic tickets), civil matters, or family law.
What's the difference between a misdemeanor and a felony?
A misdemeanor is a less serious offense. Class A carries up to 1 year in jail and/or a $4,000 fine; Class B carries up to 6 months and/or $2,000. A felony is more serious — ranging from 180 days in a state jail facility to life in prison.
What is discovery?
Discovery is all the evidence the State has in your case — police reports, photos, videos, lab results, witness statements. Your attorney will review all of it to build your defense.
What is an indictment?
For felony cases, the prosecutor presents the case to a grand jury — local citizens who decide if there's probable cause to proceed. If they agree, they issue an indictment. This is not a finding of guilt — it just means the case moves forward.
Can I write to the judge directly?
Generally, no. Neither side can communicate privately with the judge about a pending case. If you have something to raise, tell your attorney — they will address it through the proper legal channel.
What is an expungement or non-disclosure?
An expungement clears a record entirely. A non-disclosure seals part of your record from public view. Not every offense qualifies. Ask your attorney if you may be eligible after your case concludes.
Working with your attorney
My attorney doesn't always answer. What should I do?
Attorneys are often in court, with clients, or at the jail. Leave a voicemail with your name, a callback number, and the best time to reach you. Make sure your voicemail is set up — and check it. We will call back.
What should I wear to court?
Dress neatly — clean jeans or slacks, a button-down or blouse, closed-toe shoes. No shorts, flip-flops, torn clothing, or anything with profanity. Bring any documents your attorney asked for, plus a pen and paper.
What should I NOT bring to court?
Nothing that could be considered a weapon — including pocket knives or pepper spray. Check the specific courthouse rules in advance, as some do not allow cell phones either.
Can you help with non-criminal legal issues?
Our office handles criminal cases only. But we can refer you to legal aid and other organizations that may help with housing, family law, benefits, or other civil matters.
For family & friends
Can I find out what's happening in my loved one's case?
Case information is confidential between the client and their attorney. Your loved one can choose to tell you who their attorney is, but we cannot disclose case details to third parties.
Can I request a Public Defender on their behalf?
Court appointments can only be made by the accused person. They must request it themselves at their first court appearance. Encourage them to do so right away.
How can I help?
Encourage your loved one to stay in contact with their attorney and make every court date. Avoid discussing case details on jail calls or in texts. If you have information relevant to the defense, call our office and we'll tell you the right way to share it.
Language access
What if I don't speak English fluently?
You are entitled to representation regardless of language or immigration status. If no one on staff speaks your language, we will arrange professional interpretation so you can communicate fully with your attorney — and in every court hearing.