QUESTION
Is there a law for the length of time a defendant has to have a public defender appointed to their case?
Asked on Apr 15th, 2011 on Criminal Law - California
More details to this question:
Defendant's lawyer has recently withdrew from case. The defendant is to make application for public defender services. Is there a time frame for the defendant to apply for these services and a public defender to be appointed?
10 ANSWERS
He needs to apply for a public defender as soon as possible so that the public defender will have plenty of time to prepare. There technically is no deadline for a public defender appointment, but the judge doesn't have to grant a continuance based on the fact that a defendant has asked for a public defender.
Answered on Apr 26th, 2011 at 11:19 AM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
There is no timeframe as such that I am aware of, but usually they get appointed fairly quickly usually within a few days after the request at the most. They will have to appoint you one before your next court date. If the appointment is so close to your next court date that the attorney doesn't have time to prepare, he can request and will probably be granted an adjournment.
Answered on Apr 22nd, 2011 at 2:46 PM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
You can ask anytime. If you qualify, one will be appointed.
Answered on Apr 19th, 2011 at 12:35 PM
Criminal Defense Attorney serving Temecula, CA
at
Joseph A. Katz Attorney at Law PLC
Update Your Profile
Yes, the time frame is prior to pleading guilty to any charge.
Answered on Apr 18th, 2011 at 11:45 AM
the Public Defender should be appointed at your next court date. You do have to qualify for the Public Defender and this is on an income and expense determination. You may also have to pay some of the cost of the Public Defender.
Answered on Apr 18th, 2011 at 11:27 AM
Criminal Defense Attorney serving Seattle, WA
at
Mercado & Hartung, PLLC
Update Your Profile
It would be helpful to know what stage of the process the criminal proceedings are in, but generally speaking if the defendant is not represented by a private counsel and is not going to hire private counsel, he/she needs to apply for the public defender as soon as possible. Once the screening process is complete, and the defendant is found eligible for an a public defender one is assigned very quickly. It is benecifial to all parties to complete this process as soon as feasible, you may have an upcoming court date, and the public defender will need sufficient time to work on your case....so the sooner the better.
Answered on Apr 18th, 2011 at 11:17 AM
Trusts and Estates Attorney serving Layton, UT
at
Canyons Law Group, LLC
Update Your Profile
A person charged with a crime that could result in jail or prison time is constitutionally entitled to have an attorney represent him or her. If the person cannot afford an attorney (even if he or she previously had an attorney), the court should appoint an attorney to handle the case. Whenever the person becomes unrepresented, assuming that they qualify financially, the court should appoint an attorney.
Answered on Apr 18th, 2011 at 10:32 AM
When an attorney withdraws, the court will set a Return With Attorney (RWA) date. You need to be screened promptly so that the public defender's office can appoint an attorney, if you qualify, before the return date.
Answered on Apr 18th, 2011 at 10:30 AM
Criminal Law Attorney serving Oakland, CA
at
Dennis Roberts A Professional Corporation
Update Your Profile
I don't think so but I would do it immediately anyhow.
Answered on Apr 18th, 2011 at 10:22 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
I am not sure if there is a time frame or not, but I would recommend moving forward with filing the paperwork for the public defender sooner as opposed to later. If your former attorney withdrew from your case at the last hearing, even if the case has been going on for a while, you should not have any issues. Have there been any hearings where you represented yourself Pro Per (without an attorney at all?)
Answered on Apr 18th, 2011 at 10:20 AM