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1. What should I do if I am arrested or I believe I am under suspicion in a police investigation?

You should either telephone our office or come into one of our offices to speak with an attorney before you speak to the police or anyone else. Consultation with an attorney is always the most prudent step. Most police officers or investigators will understand and must respect your desire to first speak with an attorney.

Any consultation with an attorney from the Office of Public Defender will be completely confidential. Telephone calls from any local jail are free and collect calls regarding matters pending in Contra Costa County will be accepted.

2. What is a public defender?

A public defender is an attorney licensed by the State Bar of California who is appointed by the court to represent people who are financially unable to afford to hire an attorney.

3. What kinds of cases does the Office of Public Defender handle?

Attorneys from the Office of Public Defender represent adults charged with crimes (misdemeanor or felony) or violations of probation; and minors (persons under 18) charged in the juvenile court. Public defenders do not represent persons accused of traffic violations or any code infraction which cannot result in a jail sentence.

Finally, public defenders are also sometimes appointed for representation of persons potentially subject to LPS proceedings under the relating to involuntary civil mental health commitments.

4. What will it cost to be represented by a public defender?

Adults charged with a crime and parents of juveniles may have to pay fees ordered by the court at the conclusion of the case. The client or parent is referred to the Cost Recovery Department of the county by the judge who orders the amount to be paid.

The Cost Recovery Department makes a determination as to how much, if any, of the ordered amount the person can afford to pay. This determination is made on a sliding scale based upon the person's financial resources. A payment scheduled may be arranged with the Cost Recovery Department. The Office of the Public Defender is not involved in the determination of, or collection of fees.

5. How do I get copies of my police reports?

Call your lawyer and discuss it with them. There are rules that we must follow before releasing police reports to anyone.

6. What happens at my first court appearance?

At the first court appearance, you will be told by the judge what your charges are. At that time, the judge will ask you if you can afford to hire your own attorney. If you can’t afford an attorney, the judge will ask if you want to be referred to the Public Defender’s Office for representation. If you ask to be referred, there will be a legal assistant from our office in the courtroom who will meet with you to get some background information and to conduct a financial screening to see if you qualify for our services. If you do qualify, an attorney will represent you that day. If you are in custody, the attorney will be able to request that the judge reduce your bail or release you on your own recognizance. If your court date is in the Pittsburg courthouse for a felony offense, and you are not in custody, you may be asked to come back to court the following week and to come to our office for an interview before the next date.

7. Can I get a public defender to represent me in a civil, family law, or immigration case?

No, but a private attorney may be able to help you. If you do not have a lawyer, you can call the Lawyer Referral Service which is operated by the Contra Costa County Bar Association. Their phone number is 925-825-5700. If you cannot afford a lawyer you may call the Bay Area Legal Aid at 800-551-5554 or Contra Costa Senior Legal Services at 510-374-3304.