How do you get a public defender in San Bernardino County?

In San Bernardino County, the request for a public defender is made to the judge at your arraignment. If you cannot afford a lawyer, the judge must appoint one, and the appointment usually goes to the Law Offices of the Public Defender, which represents the case at no cost to you under state law.

Which office handles your case?

The Public Defender runs separate branch offices tied to the courthouse hearing the case, so the office handling it depends on where the matter is filed.

San Bernardino County Public Defender branch offices, from the office's own locations page.

The Central office is the department's largest, handling "over 5,000 felony and 8,000 misdemeanor cases each year" by the office's own description, and sits across the street from the San Bernardino Justice Center. The office also lists a Homicide Defense Team at 9411 Haven Avenue in Rancho Cucamonga, (909) 476-2250. The firm's guides to the Rancho Cucamonga and Victorville courthouses list the branch office inside each building.

How does the appointment process work?

Nobody can simply call ahead and retain the Public Defender; the appointment happens in court, after a judge confirms you qualify.

The office's own FAQ states the process plainly: "If you are financially unable to afford an attorney, at your arraignment the court will appoint a lawyer for you from the San Bernardino County Public Defender," adding that "our office cannot provide counsel unless we have been appointed." This tracks Penal Code 987(a), which requires that a defendant who appears for arraignment without counsel be told of the right to a lawyer, and, if they want one and cannot afford one, that "the court shall assign counsel to defend them." Whether you are in custody or out on a citation, the request comes at that same point, the arraignment itself.

Who is eligible, and what is the financial statement?

You qualify if you cannot afford to hire a lawyer, and the judge may ask for a written financial statement before deciding.

Penal Code 987(c) lets the court require "a financial statement or other financial information under penalty of perjury" to help decide whether someone can afford to hire their own attorney, or send the person to a county officer to make that inquiry instead. The same subdivision makes the statement confidential: except for a narrow exception, it "shall be confidential and privileged and shall not be admissible in evidence in any criminal proceeding except the prosecution of an alleged offense of perjury based upon false material contained in the financial statement." The Public Defender's own description of who it serves is broad: "adults or juveniles charged with misdemeanor or felony crimes and persons facing involuntary civil commitment for mental disorders or commitment under the Sexually Violent Predator statute," but it does not represent civil matters such as a lawsuit, child custody case or unlawful detainer.

Does a public defender cost anything?

No fee applies: Government Code 27706(a) requires representation without expense to the defendant, and Penal Code 1465.9 makes old appointed-counsel cost orders uncollectible.

Government Code 27706(a) requires the Public Defender to "defend, without expense to the defendant, any person who is not financially able to employ counsel," at every stage including the preliminary examination. The office's own FAQ still describes a court-ordered post-case fee arrangement tied to Penal Code 987.8, but that section no longer appears in the current Penal Code, and Penal Code 1465.9(a) makes the unpaid balance of any cost imposed under former Section 987.8 "unenforceable and uncollectible," with any judgment imposing that cost to be vacated. In practice, that leaves the statewide no-cost rule in Government Code 27706(a) as the current law on what appointed representation costs a defendant.

What if the office has a conflict with your case?

When the Public Defender has a conflict, the arraignment court appoints a private law firm that contracts with the County to defend people who cannot afford a lawyer.

The office's own FAQ addresses this directly: "If the Public Defender has a legal conflict of interest with your case, the arraignment court will appoint a private law firm that has a contract with the County to provide indigent defense services."

Can you ask for a different appointed lawyer?

Dissatisfaction with your appointed lawyer does not end the case; it can lead to what courts call a Marsden motion, heard privately before the judge.

No Penal Code section lays out the Marsden procedure; it comes from the case that gave the motion its name, and the California Rules of Court confirm only that the hearing is held in camera, without the prosecution present. The firm's Marsden motion guide explains how to raise the motion and what happens once the judge rules.

A private lawyer instead

Appointed counsel is free, but a defendant who can pay, or who wants to choose their own attorney, can hire a private lawyer instead at any point in the case. For a side-by-side look at both options, see the firm's answer on choosing between a public defender and a private attorney.

Talk to a lawyer about a San Bernardino County case

If you or a family member is weighing a private lawyer instead of a court appointment, talk to the Law Offices of David S. Chesley first. The firm 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. The firm's San Bernardino County courthouse assignment guide and San Bernardino County criminal court guide cover what happens after the arraignment where a public defender gets appointed; its San Bernardino County jails guide covers custody and release before that hearing.

Frequently asked questions

Can I request the public defender before my court date?

The office's own description of the process ties appointment to the arraignment itself; its FAQ says "our office cannot provide counsel unless we have been appointed," so there is no separate advance sign-up outside the courtroom.

Does every defendant get the same public defender's office?

No. The branch depends on which courthouse hears the case: Central for San Bernardino, Rancho Cucamonga/West Valley for the Rancho Cucamonga District, Victorville/Desert for the Victorville District, and Joshua Tree for the Morongo Basin court.

What if I can't afford a lawyer but also can't get to the courthouse right away?

Appointment happens at arraignment, so a person still in custody is asked at that hearing rather than beforehand; the firm's guides to the county's courthouses cover how custody and arraignment timing work.

Can the Public Defender represent me in a civil case, like a restraining order unrelated to a criminal charge?

No. The office represents criminal defendants and people facing civil commitment for a mental disorder or under the Sexually Violent Predator statute; for an unrelated civil matter, its own FAQ points to the county's Community Resources page for legal aid organizations instead.

If I'm found not eligible for a public defender, can I appeal that decision?

The court makes the eligibility finding on the record based on the financial statement or the county officer's inquiry; a defendant who disagrees can raise it with the court or discuss the finding with a private attorney.

Does hiring a private attorney later remove my public defender from the case?

Retaining your own lawyer and formally substituting counsel ends the appointment; coordinate the switch through the court so there is no gap in representation at an upcoming hearing.