How do you get a public defender in Orange County?

To get an Orange County public defender, tell the judge at your arraignment that you want a lawyer and cannot afford one; when a defendant wants counsel and cannot afford one, the court must assign counsel to defend them. The judge decides whether you qualify and may ask you to complete a financial statement under oath.

Where is the Orange County Public Defender's office?

The main office is in Santa Ana, and the office keeps separate branches near most courthouses, so the right number usually depends on where the case is heard.

Table: Orange County Public Defender offices, from the office's own contact pages.

The main office is open Monday through Friday, 8 a.m. to 5 p.m., and the court's own self-help page says the Public Defender has offices in or near most courthouses. If you already have a case, call the branch where it is pending; the office's FAQ says the receptionist can connect you to your lawyer, and having a case number ready helps.

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

Say it plainly at your first court date: you want a lawyer and cannot afford one, which the law requires the court to address right there.

Penal Code section 987(a) states the rule: "if the defendant appears for arraignment without counsel, the defendant shall be informed by the court that it is their right to have counsel before being arraigned, and shall be asked if they desire the assistance of counsel. If the defendant desires and is unable to employ counsel the court shall assign counsel to defend them." Separately, the judge must tell every defendant at the first appearance of the charge and of the right to a lawyer at every stage of the case. The court's own self-help page tells defendants to make sure the judge hears this request at arraignment, and that the court will then often appoint a public defender. You may have to complete a financial statement under oath, Judicial Council form CR-105; under Penal Code section 987(c), that statement is confidential and generally cannot be used against you except in a perjury case based on false information in it.

Who qualifies for the Orange County Public Defender?

You qualify if the court finds you cannot afford to hire your own lawyer; no statute sets a fixed income cutoff, and the court itself has the final say.

Government Code section 27707(a) lets the court in which the case is pending make the final call on whether you can afford counsel, and in the meantime the office represents anyone it determines cannot afford a lawyer until the court decides otherwise. The office's own FAQ says the person seeking its help generally must be indigent, meaning without the resources to hire an attorney.

Table: What the Orange County Public Defender's Office handles, from the office's own pages.

For infractions, Penal Code section 19.6 gives no right to appointed counsel unless you were arrested and not released on a written promise to appear, your own recognizance, or bail.

Does an Orange County public defender cost anything?

Not under current law. Government Code section 27706(a) requires the public defender to defend a qualifying person "without expense to the defendant."

Some court and county pages still describe a hearing at the end of the case on repaying the cost of appointed counsel; that process came from former Penal Code section 987.8, which is no longer part of the California code. Penal Code section 1465.9(a) separately makes any unpaid balance that was imposed under that old section unenforceable and uncollectible, and any judgment imposing it must be vacated.

What if the Public Defender has a conflict of interest?

A separate office typically takes over: the Alternate Defender and Associate Defender are, in the office's own words, "separate and legally independent subsidiary offices" for cases with a conflict.

A conflict can arise when the office already represents another defendant in the same case, or when you are a witness against one of its other clients. Because each person charged is entitled to a lawyer devoted to their own interests, the court appoints other counsel, typically an Alternate Public Defender. Penal Code section 987.2(a)(3) lets the court pay assigned counsel when the public defender has properly refused a case for a conflict, and the Superior Court's Alternate Defense Services page posts its Comprehensive Conflict Attorney Panel List for cases neither office can take.

When is the first court date, and where does it happen?

Arraignment is both the first court date and the moment to ask for a lawyer, and which building hears the case depends on the justice center the court assigns.

The court lists Anaheim, Brea, Buena Park, Fullerton, La Habra, La Palma, Placentia and Yorba Linda under its North Justice Center in Fullerton, and assigns the county's other cities to its Central, Harbor or West Justice Centers; the paperwork from your arrest controls, so go to the location named on the citation, release paper, bail or bond document, or arraignment letter. The firm's guide to which Orange County courthouse hears a case covers all four. A person held in custody must reach a judge within 48 hours of arrest, not counting Sundays and holidays; the firm's Orange County Jail guide covers that timing and bail in depth.

Can you change your public defender, or hire a private lawyer instead?

Both are possible: a Marsden motion asks a judge to replace a court-appointed lawyer, and hiring your own lawyer remains an option at any point.

A request to replace a court-appointed lawyer is called a Marsden motion; no statute sets out the procedure, and the judge hears it privately, without the prosecutor present. See the firm's guide to a Marsden motion for how that works. Hiring your own lawyer is always an option too; the firm's comparison of a public defender and a private attorney covers the trade-offs, and its Orange and Santa Ana criminal defense pages cover the firm's own help with an Orange County case.

Frequently asked questions

Can I talk to a public defender before I am charged?

Yes, if you cannot afford a lawyer. The office's FAQ invites anyone who believes they are under investigation and cannot afford an attorney to contact it and speak with one of its attorneys, and the office also has attorneys available if police want to question someone in custody or place them in a lineup and that person cannot afford a lawyer.

Will the public defender ask for lower bail?

It can. The office's FAQ says a judge sets bail at arraignment from the county's bail schedule and the circumstances of the case, that the schedule is a guideline the judge may deviate from, and that your public defender can ask the court to reconsider bail at later court dates.

How do I find my next court date?

Call the Public Defender's office where your case is pending; its FAQ says staff can tell you the date, and a case number helps. The court's online Case Access service also covers criminal and traffic case search.

What if I missed my court date?

Call the Public Defender's office right away. The office's FAQ says to gather anything that explains the absence, such as medical records or a repair receipt, and that approaching the court with a lawyer's help beats waiting and risking arrest on an outstanding warrant.

Will the public defender represent me if I am not a U.S. citizen?

Yes. The office represents clients regardless of citizenship status and gives accurate information about the immigration consequences of the case, and every defense lawyer must give accurate, affirmative advice about those consequences under Penal Code section 1016.3(a).

Is what I tell the public defender confidential?

Yes. The office's FAQ says the attorney-client privilege extends to all of its employees, including investigators, and that it will not discuss your case with family or friends without your permission.

Talk to a lawyer

The Law Offices of David S. Chesley offers a free consultation, available 24/7, with payment plans and Spanish spoken. Call (800) 755-5174 or use the firm's contact page to talk about an Orange County case.