Montana Public Defender Case
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FAQ
The Appellate Defender Division of the Montana State Public Defender (OAD) is a sub-unit of the Montana Office of the Public Defender (OPD). OAD attorneys practice before the Montana Supreme Court and handle the appeals for all OPD clients across the state.
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.
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.
The issuing agency will write an "appear by" date on your ticket, usually 10 days after it was issued. You may appear any day on or before that date. If you fail to appear by that date, a warrant for your arrest may issue.
Assigned counsels are always private lawyers selected to tackle specific cases. They are also known as court or state-appointed attorneys. These assigned counsels in the United States are not given a permanent office like the public defender. They are often not state employees, so they do not receive a regular salary.
State law requires that public defenders defend individuals who are (1) charged with a criminal offense that can be tried in the trial courts and (2) financially unable to pay for attorney representation.
You will need: Your most recent paystubs. Your most recent bank statements. Any documents that show you are receiving public assistance, Social Security or unemployment compensation. Additional documentation may be required.
