Court procedure
How to Get a Public Defender
The most valuable money in this process is usually spent on a lawyer — and you may not have to spend it at all.
A bail bond company writing this page has an obvious conflict, so let us be direct about it. The most valuable money in a criminal case is usually the money spent on a lawyer, not the money spent on a bond — and if you cannot afford a lawyer, the court may appoint one at no cost or reduced cost. That is worth knowing before you commit everything you have to a premium that is never returned.
How appointment works
Penal Code 987 requires the court, at arraignment, to inform the defendant of the right to counsel and to assign counsel where the defendant desires one and is unable to employ their own. In practice:
- The defendant asks the court — ordinarily at the first appearance. See arraignment.
- The court assesses ability to employ counsel, usually through a short financial declaration.
- Counsel is appointed — the county Public Defender, or where there is a conflict, an alternate or panel lawyer.
Orange County and Los Angeles County each have a Public Defender office, with alternate offices for conflict cases.
It is not always free
Penal Code 987.8 allows a court to order a defendant to repay some or all of the cost of appointed counsel where they have the present ability to pay, after a hearing. So “free lawyer” is not quite the right description — “appointed, with possible cost recovery” is.
What appointed counsel can do that we cannot
| Ask for bail to be reduced | Under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention. A lawyer makes that argument; a bail agent cannot. See bail reduction hearings. |
| Ask for OR release | Release on a promise to appear, with no money posted — see own recognizance release. |
| Get a warrant recalled | Often without anyone going into custody — see warrant recall. |
| Advise on the case | Which is the whole point, and which no bail agent may lawfully do. |
The honest ordering
If the person is in custody and the amount is manageable, a bond gets them home and the lawyer question follows. If the amount is large and money is tight, talk to a lawyer before committing it all to a premium — a reduction or an OR release can change the arithmetic entirely. We would rather tell you that than take a payment you did not need to make.
If the timing is the problem rather than the money, see arrested on a weekend, since the first appearance is where counsel is appointed.
Related
ProcessHow Long Release TakesWhat controls the clock once the money is in.Read more
HoldsHolds and Multiple CasesWhy posting bail does not always mean release.Read more
PaperworkRelease PaperworkThe document that controls the court date.Read more
CourtDiversion ProgramsPC 1000, 1001.36 and 1001.80 — when a case can end without a conviction.Read moreCourtCourt InterpretersLanguage should never be why a date or a condition is misunderstood.Read more
Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.
Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing here is legal advice. Procedures and fees change — confirm with the facility, the court, the tow operator or a criminal defence lawyer. California bail license 1841014.
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