Generally, if the City prosecutor states to the court it will not seek any jail sentence then the court will not grant you a public defender. However, there is still some controversy over this issue.
Remember it is legal and permitted until a higher court says it is prohibited.
In Municipal Court, you will be denied appointed counsel if the city attorney agrees to waive the possibility of jail. This does not bar you from obtaining counsel through the private sector.
Tiftickjian Law Firm, P.C.