Frequently Asked Questions

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1. What are my rights if I've been arrested/charged with a crime?

Contact the Public Defenders office for this information at 707-445-7634

2. Who can get advice from the Law Offices of the Public Defender?

Attorneys from the Law Offices of the Public Defender are authorized to assist and represent people in certain situations if they are "indigent". That means that we can help you if you lack the current ability to hire an attorney for your particular situation. If you have no income or assets you probably qualify for our assistance. If you have some income or assets, a determination will have to be made to see if you meet the definition of "indigent" in your particular case or situation.

3. Are Public Defenders real attorneys?

Yes. All of our attorneys are fully certified members of the State Bar of California.

4. What do Public Defender's do?

The Humboldt County Public Defender provides legal representation to indigent clients who are charged with the commission of a criminal offense alleged to have been committed in this county.

The office also represents minors against whom delinquency petitions have been filed in the juvenile courts of Humboldt County, and clients who are the subject of conservatorship proceedings in the Mental Health departments of the Superior Court.

The Public Defender does not represent people in family court, traffic court or on civil matters.

If you have any concern about talking to the police you can always request time to consult with an attorney before having any conversation with them. You have a right to speak to an attorney. The law requires that you be provided an attorney before and during any questioning at no expense to you if you cannot afford to hire one. You should not give up this right merely because the people questioning you ask you to or because it may take more time to complete the interview.

5. How do I get a Public Defender?

You must attend the first court appearance as instructed by the court, District Attorney's office, probation department, or other law enforcement. At your first court appearance the judge will ask you if you have an attorney or if you need a Public Defender. You may ask for a Public Defender at that time. The judge will give you further instructions on filling out a financial form to provide proof that you are indigent. That means that we can help you if you lack the current ability to hire an attorney for your particular situation. If you have no income or assets you probably qualify for a Public Defender. If you have some income or assets a determination will have to be made to see if you qualify as indigent for your particular situation.

6. Are all "appointed attorneys" employees of the law offices of the Public Defender?

No. In the County of Humboldt there are 3 separate Public Defender’s Offices, Humboldt County Public Defender, Conflict Counsel, and Alternate Counsel. These offices are assigned by the court according to a client's last name and numeric case digits. The courts and the county have also contracted with a number of lawyers that are appointed when none of these Public Defender offices can assist you. Those attorneys are the ones the courts generally appoint if one of the three Public Defender offices cannot participate in your particular case.

In some cases the court will appoint attorneys who are not members of our office. This is generally only done after the Public Defender determines that this office should not participate in your particular case. Usually this is done on the basis of what is known as a "conflict of interest". There are many ways that this can come up, but usually it arises when more than one person who needs the assistance of an attorney is involved in the same situation. An attorney isn't allowed to represent two people who may have conflicting interests in a situation. For this reason the court appoints separate lawyers from different offices.

7. If my ability to speak, read, or understand English is limited can you still help me?

Yes. You are entitled to the full assistance of an attorney. This means that you will need to be able to communicate fully with that attorney at all times. For this reason we can help you obtain the services of an interpreter in your native language if necessary. You should never attempt to rely on a language that doesn't give you full understanding of what is happening in your case. If you have any language problem, please make sure to tell the attorney that is assisting you that you need this special help. For the hearing impaired, augmented services including sign language interpretation can also be obtained to assist you.

8. What type of support staff does the Public Defender employ in the defense of its clients?

The Law Offices of the Public Defender for the County of Humboldt employs support personnel. These include professional investigators, and clerical personnel. In addition to these, we routinely hire additional support, such as experts and specialists in cases where they are necessary.

9. How does a criminal case get started?

Usually a case starts with the police taking an initial report from some one. They then conduct an investigation and usually turn their information over to the Office of the District Attorney or other similar prosecutorial agency. Staff at that office will review the information to determine if a case should be filed and what charges should be included. Once that determination is made a formal paper is filed with the courts to start the case. Read More about Criminal Cases.

10. What happens to the information I give the Public Defender's office?

All information which you give to our staff while you are our client is completely confidential. When you speak to one of our attorneys, investigators, or any other staff member you are fully protected by the attorney-client relationship and only under very extreme circumstances can we give out any information you give us. In most circumstances we can never release any information you give us unless you consent specifically to its release.

11. What's going to happen to me in court?

This depends on the type of case or situation that we are helping you with. Since the bulk of our cases relate to someone being investigated for or charged with a crime, that will be discussed most fully here. If you have a question about another type of case, you should contact our offices and discuss your questions with attorneys who handle your type of situation. Read More about what happens in court.

12. Someone called the police about me and now they want to drop the charges, why are the police and the prosecutor charging me?

The decision of whether to file charges and how to prosecute those charges is not in the hands of any citizen. The power to charge criminal cases is in the government's control through their prosecuting agency. Once a person makes a complaint or starts an inquiry, that person does not control the process, although they may still give input to the prosecutor and the court as the case proceeds.

13. What is a felony charge?

Felonies are the most serious criminal cases. A case is a felony if the punishment can include state prison. This differs from a misdemeanor (or less serious) case, in which the punishment is, at most, a year in county jail. Felony charges range from drug, burglary and car theft cases up to rape, arson and murder. Although some felonies are punishable by life in prison, most cases have fixed sentences. Just because someone is charged with a felony does not necessarily mean he or she will be sent to state prison. The possible penalties depend on the charges and facts of your case, and should be discussed with your lawyer. The law of sentencing in felony cases is very complex and has been growing more difficult each year. 

14. What is a misdemeanor charge?

Misdemeanor charges are generally lesser offenses that carry no more than one year in a county jail facility. Simple thefts, simple assault, battery, and driving under the influence of drugs or alcohol can be examples of misdemeanor charges. A case that has misdemeanor charges follows certain rules. A person charged with misdemeanors has a right to a jury trial.

15. Can I expunge my case?

The Public Defender's Office may be able to assist you with expunging your criminal cases. Please contact the office for more information.