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I have a PI charge and am supposed to appear tomorrow. I have not been offered a public defender yet...when....?
Anonymous2 views2 answers
when will I be offered a public defender? Is there anything I can ask for tomorrow to allow me more time to come up with the money to hire an attorney?
I assume you mean "public intoxication," Penal Code 647(f).
Public defenders ARE attorneys, but they are paid by the government to represent people who can't afford to hire one. The public defender is rarely appointed before a defendant's first court appearance; in some counties, someone from the public defender's office will visit people arrested for very serious crimes, like murder, before the first court date.
The bailiff or court clerk usually makes an announcement before the judge takes the bench, explaining how to request a public defender. Many judges will also continue the case to a later date if you want to retain a private attorney.
Show up early, and ask the court clerk or the judge. Dress appropriately: I once saw a bonehead who showed up at his DUI arraignment wearing a Corona beer t-shirt. Not a smart idea.
Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like , anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
When you appear, request a public defender be appointed and a continuance to discuss your case. The continuance should give you a chance to contact private counsel if you so decide.