After the arraignment can the public defender appear in court for you?
Yes, a PD can appear on your behalf after arraignment (after they've been appointed) so long as you have not been ordered by the court to appear. However, I encourage you to inform your PD of your non-appearance beforehand.
That is up to the individual public defender. Generally, they do not appear 977 for their clients, but it doesn't hurt to ask. Most private attorneys appear on their client's behalf without them present, so they can be at work, school or whatever, especially when the case is just going to be continued.
Yes...as long as you give the P.D. authorization they can. However, you will have to discuss that with the particular P.D. to find out what their policy is on that issue. Good luck
Generally, in a misdemeanor case a defendant may waive his/her personal appearance per PC section 977 and authorize an attorney, whether a deputy Public Defender or a privately retained one to appear in his/her behalf. There are some exceptions to that, for example in domestic violence cases, where a criminal protective order (a stay away and/or a conduct order) is at issue or when the court orders personal appearance. You'll have to consult with a criminal defense attorney or talk to an assigned public defender about your case specifically. If none has been assigned to your case as of yet, or if in doubt, it is best to appear at a scheduled court hearing to avoid the risk of a bench warrant.
Yes they could but many will not appear on your behalf as they will want you there for an opportunity to speak with you. You can ask, but it's their decision.
Unfortunately, the public defender does not get your file typically until the first court date and they are not able to appear without you on the first court date because the PD must first be appointed to represent you. In rare circumstances at a pretrial hearing in a misdemeanor case, if the defendant is in the hospital or lives out of state, an individual PD may agree to appear on the client's behalf but it is rare. However, private attorneys do so routinely and is part of the reason many people hire a lawyer. A good lawyer will provide individual attention that public defender's can't always provide due to heavy case loads. Many of us on avvo offer payment plans and free consultations. Good luck!
None of my responses are intended to be considered as legal advice. My responses do not create an attorney-client relationship. It is strongly recommended you seek a private consultation with an attorney, as anything posted here is not confidential and is not protected by the attorney-client relationship.
Yes, after the public defender appears for you the first time, they can appear for you without you being present, unless the judge has ordered you to be there. Make sure the PD knows you will not be coming.
Can they and will they are two different questions. Yes, with your consent they can appear for you pursuant to PC 977. As a former public defender I can tell you that not all public defenders will do so and for good reason. Once you have a public defender appointed you will have to check with he/she and ask. However, generally they are not going to agree to appear on your behalf .
Under Penal Code section 977, an attorney may appear at all hearings for the defendant unless the court orders otherwise. Some PD offices will interview before arraignment and can appear with you. If you signed a promise to appear slip, you will have to show up. Unless the court orders you to return personally, the PD can appear for you at all later appearances.
Some PD offices won't appear until after the arraignment court refers defendant to the PD Office for an evaluation as to eligibility. When one appears for arraignment without a lawyer, courts always inquire whether the defendant wants to hire a lawyer or be referred to the PD Ofc if s/he thinks s/he can't afford to hire a lawyer for the case. If the defendant says, yes, I'd like to apply for the PD to represent me, the judge usually gives a delay of one-two weeks for you to confer with the PD Ofc to decide whether you're financially eligible for their services. If you qualify for their services, you only need to appear if you were ordered to return to court for the appontment of the PD Office to represent you.
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