California Public Defender Case
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How to fill out Public Defender Case?
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FAQ
If the judge determines you have the ability to pay some or all of the costs, you will be ordered to pay ing to your financial situation and the level of service provided. If you cannot afford to pay, you will not be required to do so. In the past, most defendants were not required to pay.
1. Zealously advocates for the clients of the Office of Public Defender. 2. Upon order of the court or request of an eligible client, provides constitutional legal representation to person accused of criminal offenses who are financially unable to employ private counsel.
You just need to contact the public defender who will contact the court clerk to set a hearing date for your motion to represent yourself in pro per. At the hearing, the judge may ask you why you do not want attorney representation.
The Public Defender's Office is responsible for providing legal defense (at all stages of the proceedings) for any person who is not financially able to employ counsel and who is charged with any contempt or offense triable in the superior or municipal court.
Please note that a Marsden motion is the only way by which a defendant in a California criminal case can fire his court-appointed lawyer to get a substitution of counsel. Please also note this motion only applies to public defenders.
The public defender may decline services if you appear to have the ability to retain your own lawyer. The seriousness of the charges, and the availability of cash resources to hire a lawyer, will determine whether a defendant qualifies for a public defender.
If you are being charged with a crime and you cannot afford a lawyer, you may qualify for free help from your local public defender's office. Usually, the court will refer you to a public defender.
In Gideon v. Wainwright (1963), the Supreme Court ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves. The case began with the 1961 arrest of Clarence Earl Gideon.
