An Introduction to the 23rd Judicial Public Defender’s Office and the Criminal Justice System:
OFFICE OF THE PUBLIC DEFENDER OF THE 23RD JUDICIAL DISTRICT:
The Office of the Public Defender exists solely to represent the indigent who are facing criminal charges in the 23rd Judicial District. The expenses of this office and your attorney’s salary are paid by federal, state, and local funding; however, the loyalty of your attorney is to you.
The attorney who is assigned to your case is experienced in defending people who are charged with crimes that are specific to their section – whether it be felony, misdemeanor, juvenile or Child in Need of Care cases. You likely have many questions about the criminal justice system, the legal process, and the process of obtaining a public defender. The following information will help you navigate through this process.
YOUR RIGHTS:
You have the following rights while represented by this office:
- You have the right to reasonable contact with your attorney.
- You have the right to an explanation of the charges against you, the possible penalties, and any possible defenses.
- You have the right to be updated on the progress of your case.
- You have the right to review all pleadings and orders filed or received on your behalf.
- You have the right to decide whether or not to go to trial or plead guilty.
- If you go to trial, you have the right to decide whether or not to testify.
If you have any questions or concerns about your rights or representation in general, you should first contact the attorney assigned to your case to resolve your questions. If you are still not satisfied, you should direct your questions to the Chief District Defender, Tonya B. Clark.
APPOINTMENT OF COUNSEL:
In most circumstances, the law provides that a person facing criminal charges is entitled to the assistance of an attorney. Who is eligible for a public defender? People who are considered indigent or who are on a low or fixed income generally qualify for the services of a public defender. Every applicant must apply for and qualify for a public defender. The federal poverty guidelines are the determining factor if an individual is eligible and qualifies for the services of a lawyer paid for by public funds. Individuals must pay a $40 application fee and complete the online application form, or obtain the form from the Office of the Public Defender, or from court directly. Incarcerated persons will automatically be appointed a public defender to represent them and will automatically be eligible while they remain in jail. However, as soon as they are released from jail, an application must be filled out to determine eligibility for a public defender.
CONFIDENTIALITY:
DO NOT TALK TO ANYONE ABOUT YOUR CASE WITHOUT FIRST DISCUSSING THE MATTER WITH YOUR ATTORNEY! You may discuss anything concerning your case with your attorney because these matters are protected and confidential. Remember: this confidential privilege extends only to discussions between you and your attorney — anything that you tell your family, friends, or others, such as cellmates, is not confidential, and the Court can require those people to testify about what you have said, whether they want to testify or not.
The attorney-client privilege exists between you, your attorney, and your attorney’s staff only. For this reason, your family or friends cannot be present during most discussions between you and your lawyer. Your attorney cannot discuss any part of your case with your family or friends, unless you give your permission.
CONTACT WITH LAW ENFORCEMENT:
Always check with your attorney before talking to anyone about your case, particularly in speaking to those in law enforcement. Law enforcement agents may say that they want to help you, but talking to law enforcement agents could really hurt your case. It is always better to be safe than sorry!