How do you get a public defender in Merced County?

In Merced County, a public defender is appointed at arraignment when you want a lawyer and the court finds you cannot afford one. Penal Code section 987 requires that appointment. The Public Defender's office is at 1944 M Street in Merced, (209) 385-7692, with a Los Banos office at (209) 710-6030.

The Merced County Public Defender's office

The office's own pages list two offices, at 1944 M Street in Merced and 445 I Street in Los Banos, with office hours of 9:00 a.m. to 4:00 p.m. weekdays.

Table: Merced County Public Defender office locations, from the office's own page.

The office's current Public Defender is Vincent Andrade. Its own mission statement describes the office as providing "effective advocacy for the accused" for clients facing charges from the lowest-level misdemeanor to the most serious felony. If you need to turn in proof of community service, a payment, or a completed program, the office accepts documents by email at PDInfo@countyofmerced.com, or you can bring them in and have them scanned into your file.

How do you ask for a public defender in Merced County?

Tell the arraignment judge you want a lawyer: under Penal Code section 987(a), the judge must explain your right to counsel and appoint one if you cannot afford one.

Once a public defender is appointed, the office's main page says it is now open during regular business hours, though misdemeanor appointments are still held by phone; its Felonies and Misdemeanors pages ask you to call between 9:00 a.m. and 4:00 p.m. to arrange a phone call with your attorney before your court date. Government Code section 27706(a) then requires the office to defend you "without expense to the defendant" at every stage, including the preliminary examination.

What happens once a public defender is assigned to your case?

The public defender represents you at every stage of the case, and the office's own pages list those stages separately for a felony and for a misdemeanor.

For a felony, they are arrest, arraignment and bail, an interview with your attorney, a pre-preliminary hearing, the preliminary hearing itself, arraignment on the information, a readiness conference, trial, sentencing, and any request for dismissal. For a misdemeanor, the stages are arrest, arraignment, an attorney interview, a pre-trial hearing, trial, sentencing, informal probation, and any request for dismissal. The office's Felonies page also says a drug program may be available for certain felony drug offenses; ask your attorney whether your charge qualifies.

Who qualifies for a public defender in Merced County?

To decide whether you qualify, Penal Code section 987(c) lets the court require a financial statement, filed under penalty of perjury; that statement is confidential.

Once appointed, representation itself has no fee. Penal Code section 987.8, which once let a court order repayment of appointed-counsel costs, is no longer in the current Penal Code, and Penal Code section 1465.9 makes any unpaid balance of that older-era cost unenforceable and uncollectible. If you have separately been told you must pay a fee to repay the cost of your public defender, that does not reflect current law.

Conflicts and the contract attorney program

When the Public Defender's office has a conflict, its own FAQ says a contract attorney is assigned instead; the contract office's number is (209) 722-7034.

Can you change your court-appointed lawyer in Merced County?

Yes, by asking the judge in a Marsden motion to replace your appointed lawyer; the judge hears the request privately, and replacement is not automatic.

No statute sets out the procedure; it comes from a 1970 California Supreme Court case, and the California Rules of Court confirm the judge hears it in camera, without the prosecutor present. The firm's Marsden motion guide covers what you need to show and what happens next.

Should you use the public defender or hire a private lawyer in Merced County?

Both are licensed lawyers, but you cannot choose which deputy public defender handles your case, while a private lawyer you hire can start working before you are ever arraigned.

The firm's public defender versus private attorney guide compares cost, timing, and who appears at hearings in more detail.

Your first court date in Merced County

In Merced County, appointment usually happens at your first court date, the arraignment, the same hearing where the court addresses bail and own recognizance release.

That hearing is at the Ogletree Jr. Courthouse in Merced or the Robert M. Falasco Justice Center in Los Banos, depending on where your case is filed. The firm's Merced County Courthouse guide covers which building hears your case, the 48-hour rule for someone held in custody, and how bail works in this county.

Talk to a lawyer about a Merced County case

Whether the court appoints a public defender or you are deciding whether to hire your own lawyer, the Law Offices of David S. Chesley offers a free, confidential consultation, available 24 hours a day, with payment plans and service in Spanish. Call (800) 755-5174 or request a free consultation online, or see the firm's Merced criminal defense page.

Frequently asked questions

Does it cost anything to have a Merced County public defender?

No. Once the court appoints one, Government Code section 27706(a) requires the Public Defender's office to represent you "without expense to the defendant." The old law that let courts order repayment of those costs is no longer current, and any unpaid balance under it is uncollectible under Penal Code section 1465.9.

Can you choose which attorney represents you at the Merced County Public Defender's office?

No. The office assigns a deputy public defender to your case; you do not pick who it is. If a real problem develops with that lawyer, a Marsden motion asks the judge, not the office, to appoint someone different.

Can you talk to your Merced County public defender before your court date?

Yes. The office's own FAQ says to call (209) 385-7692 to schedule an appointment to speak with your attorney once one has been assigned.

Is a public defender required to appear for you at every court date in Merced County?

A deputy from the office represents you at your hearings once appointed. Call the office before a scheduled date if you need to reach your attorney first.

Do you need to ask for a public defender, or does Merced County appoint one automatically?

At arraignment the judge must ask whether you want a lawyer, as Penal Code section 987(a) requires, and appoints one if you say yes and the court finds you cannot afford one.

Does the Merced County Public Defender's office provide an interpreter?

The court does. The California Constitution, article I, section 14, gives anyone charged with a crime who cannot understand English the right to an interpreter throughout the case, and Evidence Code 752(b)(1) makes the interpreter's pay a charge against the court in a criminal case; tell the court or your appointed attorney that you need one as early as possible.