PUBLIC DEFENDER PROCESS

Application/Assignment Process:

If you are facing jail time or suspended jail time as part of your sentence, you may qualify for a Public Defender.  When you appear in Court and plead not guilty to your charge, you will be told of any possible jail time.  The Court will refer your case to the Public Defender’s Office AT YOUR REQUEST, but it is up to you to apply with them.  In order to do so you must:

• Report to the Public Defender’s Office at 723 5th Ave East Suite 100  within 24 hours of your initial appearance in court to fill out an application (the Court does not maintain their forms).
  
  
• Call the Public Defender’s Office at 751-6080 to schedule an appointment with your attorney, once you have received their letter assigning counsel.
  
  
• Follow through by providing their office with all income documentation they will request to back your financial need for assignment.
  
  
• Keep your Address and Phone # updated with both the Court AND the Public Defender’s Office.
  
  
• Note:  You must fill out a separate application for EACH NEW CASE, regardless of any other pending cases you may have where you are already assigned counsel!

Rescinds/Appeal Process:

If you do not provide the Public Defender’s Office with an application and/or income documentation OR if your income documentation does not meet the State guidelines for , the Public Defender’s Office will rescind (or withdraw) from your case.  This means you will not have legal representation at any further hearings for this case, so you may want to file a Motion to Continue with Waiver of Speedy Trial to give you more time.  You may appeal their decision to rescind from your case by filing an appeal with the court within (10) days of the Public Defender’s notice.  The Court will set a hearing at which time both you and a representative from the Public Defender’s Office will appear to testify.  You will need to bring all income documentation with you to this hearing!