Public defenders are licensed lawyers appointed at no cost when the court finds you cannot afford counsel. The biggest structural differences are choice and timing: you cannot pick your public defender, and one is usually assigned at your first court appearance, while a private lawyer you hire can start before charges are filed. To reach a public defender sooner, call the office that serves your courthouse.
Who qualifies for a public defender, and what it costs
At a first arraignment in a noncapital case, Penal Code section 987(a) requires the judge to tell you about your right to a lawyer, ask whether you want one, and assign counsel if you want a lawyer and are "unable to employ counsel." To decide that question, the court may have you file a financial statement under penalty of perjury or send you to a county officer for an inquiry, and the decision is made on the record (section 987(c)).
The public defender then represents you "without expense to the defendant," under Government Code section 27706(a). California has also made the older court-ordered reimbursement for appointed lawyers uncollectible: Penal Code section 1465.9(a) makes any unpaid balance of those costs, imposed under section 987.8 and related sections as they read on June 30, 2021, unenforceable and uncollectible, and section 987.8 is no longer in the current Penal Code. Some county public defender FAQs, including Los Angeles County's, still describe an end-of-case hearing on repaying those costs, which reflects the older rule. Section 27706 does not limit eligibility by residence or citizenship, and the Los Angeles County Public Defender's FAQ confirms that it represents people charged in its county's courts who cannot afford a lawyer regardless of the state they live in or their citizenship status.
How a public defender and a private attorney compare
| Question | Public defender | Private attorney |
|---|---|---|
| Cost | No fee once the court finds you eligible | Fees set by your agreement with the lawyer |
| Who chooses the lawyer | The office assigns a deputy | You do |
| When representation starts | Usually at the first court appearance, though you can call for advice earlier | When you hire the lawyer, including before charges are filed |
| Who appears at hearings | A deputy from the office, not always the same one | Whoever you and the lawyer agree will handle the case |
| Changing lawyers | A new appointed lawyer only on a showing of a real problem | You can generally discharge the lawyer, subject to timing limits |
| Immigration advice on a plea | Required by Penal Code section 1016.3 | Required by Penal Code section 1016.3 |
Both are full lawyers. In Los Angeles County, the public defender's FAQ says every deputy is a State Bar member who also went through the office's own interview and oral examination, and its website lists in-house social workers, client advocates, an immigration unit, and a record clearing unit. If your concern is caseload, raise it directly. The Los Angeles County Public Defender commissioned an independent RAND study of attorney workload, announced in September 2026, that looked at the time cases actually require rather than case counts alone. With any lawyer, it is reasonable to ask how often you will hear from them, who will appear at each hearing, and whether anyone will investigate the facts.
Questions that help you decide
- Is there time before charges are filed? A lawyer you hire can start working while a case is still under review, the stage described on the firm's pre-filing investigation page. A public defender is usually appointed once a case is in court.
- What is at stake? Felony exposure, a possible strike, sex offense registration, a professional license, or immigration status all raise the stakes of who handles the case and how much time it gets.
- Do you need immigration advice? Every defense lawyer, appointed or retained, must give "accurate and affirmative advice about the immigration consequences of a proposed disposition" under Penal Code section 1016.3(a). Ask how that advice will be provided, and see immigration review before a plea.
- Is there a co-defendant? When the public defender has a conflict, such as two defendants charged with the same crime, the Los Angeles County FAQ says the Alternate Public Defender takes the case, and a private attorney from a court list is appointed if both offices have conflicts. See whether co-defendants can share a lawyer.
- Can you pay a private fee without hardship? If not, the public defender exists for exactly that situation, and you can still hire a lawyer later.
How to reach the public defender's office
You do not have to wait for court. The Los Angeles County Public Defender's FAQ says the best way to speak with a deputy public defender before your first appearance is to call its office at the courthouse where you were told to appear for arraignment, or at the courthouse nearest where you were arrested if you do not know, and that it accepts collect calls from people in custody. Once you have a lawyer, the FAQ says to call the branch office for the courthouse where you were charged between 8:30 a.m. and 5 p.m. and give your attorney's name, your case number, or your name and date of birth. If no deputy has been assigned yet, ask for the Deputy in Charge or Head Deputy of that office. For a case set at a particular courthouse, such as Van Nuys, that means the branch serving that courthouse, and the office's website lists the branch phone numbers.
San Bernardino County lists its offices on its public defender locations page. For cases in the Victorville court, the Victorville/Desert Division is inside the Victorville Superior Courthouse at 14455 Civic Drive, Suite 600, and the page lists its phone as 760-241-0413. In other counties, start with the public defender office that serves the courthouse named on your citation or release papers.
What a public defender can do on immigration questions
Public defenders represent people in state criminal court. Immigration court works differently: under 8 U.S.C. section 1362, a person in removal proceedings may be represented by counsel "at no expense to the Government," so there is no appointed immigration lawyer the way there is in a criminal case. What the criminal defender must do is advise on the immigration consequences of a plea under section 1016.3. Some offices go further: the Los Angeles County Public Defender's Immigration Unit assesses the immigration consequences of prior convictions for county residents and whether post-conviction relief could help with benefits such as adjustment of status, cancellation of removal, or naturalization.
Can you switch later?
Yes, with different rules in each direction. You can generally replace a public defender by hiring a private lawyer, and someone who can no longer afford a retained lawyer can ask the court for appointed counsel. Replacing one appointed lawyer with another appointed lawyer requires showing a real problem with the representation, usually through what is called a Marsden motion. Both paths are explained in changing lawyers during a pending case. A single missed hearing is a different issue, covered in what to do if your public defender does not show up.
For how the firm handles cases from investigation through trial, see its criminal defense page.