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Public Defender

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1. How do I get a Public Defender?

A Public Defender must be appointed by the Court to represent you. If a court determines you are not financially able to retain private counsel, the court will appoint the Public Defender’s office to represent you.

In the case of a conflict of interest, or if the office has reached its maximum caseload, the court may appoint the Legal Defender’s Office, the Office of the Legal Advocate, or an attorney from the Office of Public Defense Services to represent you rather than the Public Defender’s Office.

By statute, the Public Defender’s Office is only appointed in criminal matters and mental health commitments. Public Defenders are not appointed for any civil cases.

2. When will I meet with my Public Defender?

If you are scheduled for a preliminary hearing, you will meet your attorney on your court date. If you were indicted and are scheduled for an arraignment, your attorney will be assigned after that court date. It generally takes at least 5 to 7 days following the appointment of the Public Defender’s Office for your case to be assigned and to get the attorney a copy of your file.

Clients scheduled to appear in one of the County Justice Courts can expect to meet with their attorney on the day of the Pretrial Conference.

3. How can I help my attorney?

- Always dress appropriately for court.
- Be on time for court and meetings with your attorney.
- Do not discuss your case on personal phone calls from the jail. Personal calls may be recorded.
- Do not discuss your case with anyone other than your Public Defender or a representative from this Office.
- Make sure that your attorney has a way to reach you in at all times. Provide the attorney with your change of address and phone number promptly.
- Provide your attorney with a list of potential witnesses and character references early in your case.

4. What type of cases does the Public Defender’s office handle?

The Public Defender’s Office is assigned by the Court to represent indigent individuals in Adult Criminal Cases (which includes juveniles transferred to adult court), mental health commitment matters, related Appeals and Post Conviction Relief matters.

5. Why was I told to contact your office within in 2 days of being released from jail?

When you contact our office you will participate in a brief interview with our Initial Services Specialists.

Initial Services Specialists are members of the defense team who are responsible for collecting valuable information about you and your case for your attorney. They are not attorneys, and they will not provide legal advice. However, they will provide you with important information regarding the court process.

6. Where and when can I get a copy of my police report?

You may request a copy of the police report from your attorney when you meet with him or her.

7. What is a preliminary hearing?

A preliminary hearing is a court proceeding that is conducted to determine two primary elements:
1. Did a crime occur?
2. Does probable cause exist to believe that the person before the court committed the crime?

8. What happens at the Initial Pretrial Conference?

The Initial Pretrial Conference (IPTC) is a court setting to review the status of your case with the court. The court will ensure that both the prosecutor and defense attorney have been assigned and that initial discovery has been provided, including a police report. The court may order that additional information, or discovery, be provided.

Additionally, the court will set your trial date and may set other pretrial hearings. If the county attorney has extended a plea offer to settle the case, you may enter the plea agreement at this court setting. If you enter a plea, the Court will set another court date for sentencing.

9. Why was my hearing vacated?

There are many reasons that a hearing may be vacated. It is important to understand that being vacated is not the same as being dismissed. Vacated cases are often refiled (reactivated). In some cases, the prosecutor vacates the case so that he or she can present it to the Grand Jury for indictment. Other times, they vacate a case simply because they are anticipating that additional charges will be forthcoming and they want to consolidate the matters.

If you are out of custody, you should receive a letter advising of the date of your next court hearing. While your case is pending, it is very important to keep the court and the Public Defender’s Office updated with current contact information.

If you are in custody, you can contact us at 602-506-7711 to confirm that a new court date has been set.

10. Who has a right to file a notice of appeal?

Any defendant whose case went to trial, either before a judge or a jury. Additionally, individuals who have a contested violation hearing.

11. How much time do I have to file a notice of appeal from a Superior Court case?

A notice of appeal must be filed within 20 days of sentencing.

12. Who files the notice of appeal?

If you were represented by the Public Defender’s Office at the trial level, a Public Defender Appellate attorney will prepare and file a notice of appeal.

If you were not represented by a public defender at the trial level, the attorney who represented you should file the notice of appeal.

Occasionally, individuals will file their own notice of appeal.

13. Who has a right to file a PCR (petition for post-conviction relief)?

Any defendant who accepted a plea, went to trial, admitted or contested a probation violation proceeding.

14. How much time do I have to file a PCR?

A PCR must be filed within 90 days of sentencing, or 30 days after an appeal has concluded. You can initiate this process by filing a Notice of PCR with the Clerk of Superior Court.

15. I missed my court hearing, what do I do?

If you missed your court date, contact your attorney immediately.

16. Can I get my attorney right now because I want to get my bond reduced?

Once our office is appointed by the court, it usually takes 5 - 7 days for an attorney to be assigned and to receive your file. Once your attorney is assigned, you can call and discuss the possibility of modifying your release conditions. You will have to discuss some specific details of your case and situation before your attorney can tell you if it appropriate to file the motion.

It is important to know that modification of release conditions is not appropriate in every case. Also, it can take several weeks for the court to address release conditions, as your attorney must file a written motion and the prosecutor is allowed time to respond.

17. How often should I expect to hear from my attorney?

Your attorney is working on your case, and you can expect to hear from him or her periodically throughout the pendency of your case. He or she will contact you when there are any updates or changes to your case.

Your attorney will also make arrangements to have more detailed conversations with you when decisions need to be made regarding your case. To assist, please make sure your attorney always has your current contact information.

Finally, you should make sure you are always aware of your next court date.

18. I was told my case was “Scratched.” What does that mean?

Cases are sometimes “scratched” or “vacated” at the preliminary hearing stage. This may mean that the formal charges were not filed or that the prosecutor has chosen to take the case to the grand jury.

The charges may be re-filed.