Info about public defender on a petty theft charge.

Hello: Although I am an Attorney licensed in Washington State, I believe I can give you some general insight into your issue. The arraignment hearing is a formality where you plead "not guilty", the court sets conditions of release (such as "you can have no new law violations") and they provide you with your next court date. Sometimes the court can set bail at your arraignment to secure your appearance at the next court date if they believe you are a danger to the community, or a flight risk. Based on the small amount of value of the alleged theft and the fact that you have no prior criminal history, I would say that the chances of the judge setting bail is very unlikely. In Washington, it is different with most public defender agencies, but the one I worked for would have people screeen for the public defender after they had the arraignment. The judge would instruct them where to go to screen for a public defender and instruct them to go there after they were arraigned. Screening for a public defender involves providing your monthly income and the screener finding that you do not make enough to hire a private attorney. My advice is to attend the arraignment and then screen for the public defender. If the judge does not give you any instruction, the local court clerk can certainly tell you the process for screening for a public defender. The arraignment itself is very low maintenance. You will most likely be there with several other defendants so the court will be moving through the calendar swiftly. The judge will call you up and you will most likely only be required to answer yes or no questions such as "is this your correct address?" "do you understand your rights?". When asked if you are guilty or not guilty, I would always advise you to plead "not guilty" until you obtain an attorney who can advise you otherwise. It is very customary for defendants who are guilty and intend on pleading guilty to plead "not guilty" at the arraignment. It will not hurt your case if you decide to plead "guilty." at a later time after meaningfully discussing your options with an attorney. I hope this was helpful.

You are only entitled to a Public Defender if you face the possibility of jail on your charge. It is likely that the State Attorney will certify that jail is not being sought in your case based on the lack of criminal record and nature of the offense. You are also probably entitled to enter the Pretrial Diversion Program, which upon successful completion will result in the charge being dismissed. If the charge is in Hillsborough County, you will be told at your arraignment whether you qualify for the diversion program.