Yes. Anyone who has been convicted after a misdemeanor or felony trial, or been found in violation of probation or parole, or had findings made against them in juvenile court, has the right to appeal. This process is started by the trial attorney who, upon request of the client, will file a notice of appeal in the trial. A lawyer who specializes in appeals will then be appointed to represent you in your appeal.  Your public defender will provide your appellate lawyer with all the information she needs to help you win your appeal.

As to certain offenses the California Penal Code Section 1203.4 allows the court, in the interests of justice, to permit you to withdraw a previously entered guilty plea and have your case dismissed if you have fulfilled the conditions of probation for the entire period of probation or have been discharged from probation. To obtain a dismissal under this section you must file a Petition (click here for a 1203.4 Petition and Order form - Adobe Acrobat Reader required - download Adobe Acrobat Free Reader) in the jurisdiction where the prior conviction occurred seeking an Order by the court to grant relief under Penal Code Section 1203.4. The court will calendar your request for a hearing before a judge. If your old case was a felony conviction you may be eligible to have the charge reduced to a misdemeanor. You should consult an attorney prior to filing your petition. For more information, see the Orange County Public Defender "New Leaf" program or read California Penal Code Section 1203.4 and California Penal Code Section 17(b). 

If you want to ask the sentencing judge to modify your sentence you can do so by filing a Petition for Modification of Sentence (click here for a Petition for Modification of Sentence form - Adobe Acrobat Reader required - download Adobe Acrobat Free Reader) or you can write a letter to the sentencing judge which clearly states your case number, current sentence and your reasons for requesting the modification. It is usually best to have assistance from your attorney in any communication with the court.  You should contact the attorney who represented you on your case when you were sentenced. If  the modification that you are seeking is to shorten the time that you are being supervised by probation, you can contact the Orange County Public Defender "New Leaf" program.  It will be helpful to your attorney if you can gather any papers or information to support your request.  For more information, contact your attorney at one of our office locations or e-mail us.

Yes, if you have a misdemeanor conviction, you can still vote. A misdemeanor does not affect your right to vote.

If you have a felony conviction, so long as you are not currently in prison or on parole, mandatory supervision or post-release community supervision, you can vote. You can vote if you are on felony probation.

Once you complete your prison sentence, parole, mandatory supervision or any post-release community supervision, your voting rights are automatically restored. However, you still need to fill out a voter registration card in order to be able to vote. You have to register to vote at least 15 days before Election Day.  For detailed information on your voting rights, visit either http://www.aclu.org/know-your-rights-california-voter-informationor http://www.sos.ca.gov/elections/sharing-ideas/a-voting-guide-for-inmates.pdf.

If you think the information in your criminal history record is incorrect, you may submit a formal challenge to the Department of Justice. But first: 1. You must obtain a copy of your record from the Department in accordance with California Penal Code § 11120-11127. BCII form 8706 “Claim of Inaccuracy or Incompleteness” will be mailed to you with your record. 2. Complete form 8706 and submit it and any/all supporting documentation to the Department of Justice to the address provided on the form. The challenge will be reviewed and you will receive a written response with an amended copy of your criminal history record if appropriate.

How long will it take to receive a response?

Depending on the information in your record, processing can take up to several weeks.

Can my request be expedited for an additional charge?

No. The Department of Justice does not offer expedited service. 

Yes, even if you are in jail, you are eligible to vote as long as you meet the following Voter Registration Requirements:

• Are a citizen of the United States; Are a resident of California; Are at least 18 years of age or older as of Election Day;
• Have registered to vote at least fifteen (15) days prior to Election Day (the most important step);
• Are awaiting trial or on trial for any crime;
• Are in jail for a misdemeanor;
• Are on probation, even if you are in jail as a condition of your probation;
• Are awaiting a judge’s decision on a probation violation.

If you meet the above requirements, you have the right to vote!

For more detailed information on your voting rights, visit http://www.aclu.org/know-your-rights-california-voter-information orhttp://www.sos.ca.gov/elections/sharing-ideas/a-voting-guide-for-inmates.pdf.

Call the Public Defender’s Office immediately. If you don’t know your next court date, don’t put off calling to find out. Missing a court date can result in the judge taking you into custody when you do show up or a warrant being issued for your arrest. The easiest way to find out your next court date is to contact the Public Defender’s office at the court where your case is being heard and our staff will be able to tell you your next court date. Whenever you call a Public Defender Office, it is always very helpful to have your case number available (if you know it). You can find the numbers for our offices on the locations page of this site.

Call the Public Defender’s Office immediately. It is always best to approach the court with the help of your lawyer to explain what happened rather than wait and take your chances. Gather any documents that might help support your reasons for missing court (for example, hospital records or a letter from your doctor if you were ill, or a receipt from the mechanic if your car broke down, or a picture of the flat tire!). Even if you do not have anything to bring, the quicker you appear in court, the better the chances a judge will understand and allow you to continue to remain out of custody. You can find the numbers for our offices on the locations page of this site.

All of the courthouse locations can be found on the locations page of this site. If you still are not sure, contact your Deputy Public Defender, who can give you that information. If he or she is not available, you can give your name and case number to the receptionist and they will be able to tell you the precise location of your particular court and help with directions on how to get there.

If you are already represented by a public defender on the case, call the Public Defender's Office where your case is pending and give the receptionist your case number, or your full name and date of birth. That information will be enough to determine whether there is a warrant for your arrest. You can also check the Orange County Sheriff’s website which lists all Orange County outstanding warrants.

Arrangements can then be made through your attorney to accompany you to court to deal with the warrant. It is better to work with your attorney to deal with a bench warrant than to ignore the warrant and take your chances on being arrested and jailed.

It would also be helpful to be able to explain why you failed to appear in court. If there is any written record (such as a letter from your doctor or your employer) which may help to explain your absence, the judge might consider giving you another chance rather than putting you into custody.

If you are in custody at your arraignment the judge will set the bail amount according to the County’s bail schedule and in light of the circumstances of your background and the conduct with which you are charged. The Orange County bail schedule is posted at http://www.occourts.org/directory/criminal/felonybailsched.pdf. This bail schedule is a guideline and the actual bail set may deviate from the schedule. Sometimes, the judge will O.R. you at your arraignment. Your public defender can ask the court to reconsider the bail at later court dates. You should discuss this with your lawyer if you have any questions.

Yes, the Orange County Public Defender’s Office has a vigorous program for volunteer interns, paralegals and law clerks.  Students have a wide variety of experiences when volunteering with our office and find that it is a tremendous opportunity.  Contact Sandy Zirtzman at (714) 834-2369 if you would like to apply.

Available positions are posted at the Orange County Jobs Page: http://agency.governmentjobs.com/oc/default.cfm. Follow application instructions and you will be notified when a recruitment for a position you are interested in is occurring.

"Bail" is the amount of money that a someone who is in custody (or typically someone on his/her behalf) must pay in order to be released from jail. It is intended to assure the court that they will appear at his/her future court dates.

Being released on an "O.R." (own-recognizance) means you are promising to appear in court on a future day without having to post bail. If you are released on an O.R., the judge may impose conditions of your release.

Deputy public defenders are appointed by the court. If you are involuntarily detained and cannot afford to hire an attorney, the court will appoint a public defender at your first appearance before a judge. If you have questions call the Mental Health Advocacy Unit at 877-494-7788.

Under the current law you may be detained initially for 72 hours by authorized personnel (WIC 5150). At the conclusion of that time period, if the hospital still believes that as a result of a mental disorder or impairment by chronic alcoholism you pose a danger to yourself or a danger to others and you have been advised of the need for treatment and have been either unable or unwilling to accept treatment on a voluntary basis, you may be detained for a an additional 14 days (WIC 5250). Link to WIC.

• If you have been certified for a 14 day hold, you have an automatic right to a probable cause hearing unless you have requested a Writ of Habeas Corpus.

• You have the right to be represented by a patient advocate at your probable cause hearing.

• If you win your probable cause hearing, the hospital must release you.

• If you lose your probable cause hearing you have a right to a Writ of Habeas Corpus hearing.

• The court will appoint the public defender to represent you on the Writ of Habeas Corpus.

• If you win the Writ of Habeas Corpus, you will be released.

• If you lose, you will be kept until the end of the hold period.

• At that time, the hospital will decide if they are going to pursue an LPS conservatorship.

If the hospital believes that you are unable to provide for your own food, clothing and shelter because of a mental disorder, the hospital can make a recommendation to the Public Guardians Office that a conservatorship be established for you.

• The Public Guardian, as the court investigator, will decide whether or not to request the court to start a conservatorship.

• If the conservatorship is established, it will be for a period of one year.

• Yes. You have a right to a jury trial on the issue of whether or not you are gravely disabled.

• You have the right to have a public defender (or private attorney) assist you in preparing your defense.

• You have a right to copies of all petitions.

• You have a right to force the county to prove beyond a reasonable doubt that you need a conservator.

• If you win your trial, you must be released.

• If you lose your trial you will have a conservator appointed to help you with decisions for one year.

• The court will decide if the public guardian or a family member will serve as your conservator.

• You will also be required to take medication if ordered by a doctor.

If you are being involuntarily detained and need more information please contact the Mental Health Advocacy Unit of the Public Defender’s Office directly at (877) 494-7788. If you are a family member and need more information please contact Public Guardian’s Office at (714) 567-7660, or the Family Advocate’s office at (714) 796-0265, or your local mental health association.

Recent changes in the law prohibit employers from asking about convictions that have been dismissed under Penal Code section 1203.4 and similar statutes.  However, a background check may reveal the existence of the case, so it might be a better practice to state you were convicted, but the charge was later dismissed. For certain employment, you must disclose “cleared” convictions. This includes any direct question in a questionnaire or application for public office, any license by any state or local agency, or for a contract with the California State Lottery. 

If you have at least one felony, we will open the file at our Main Office and assist you with seeking the dismissals at the branch courts by sending copies of your application packets and documents to the appropriate branch court. If you do not have a felony conviction, and only need assistance with a misdemeanor case, you should download the packet and mail or personally return it to our branch court office where your case was handled. 

The terms are used interchangeably in California regarding 1203.4 motions, however the word “expungement” is misleading by common definition. To “expunge” means “to strike out, obliterate…efface completely, destroy, blot-out, erase, wipe out, annihilate, annul, put an end to”. In criminal law “expungement” means “the eradication of a record of conviction or adjudication upon the fulfillment of prescribed conditions. In practical terms, the conviction is not “erased” from public view. Anyone who has access to public court websites can still view the case information. However the disposition of the case will reflect that it was “dismissed”. 

No, the court may rule on the request in chambers without appearances by you or the attorneys or the attorney may request a hearing date and have an opportunity to respond to any questions or concerns the judge may have. If a hearing date is set, you may be present if you wish, but it is not required. 

Not all felonies are eligible for reduction. A “wobbler” is a felony offense where the sentencing court has the authority by law to impose either a prison sentence or a local jail sentence. A number of offenses in the penal code and other codes are wobblers. If the sentencing court imposes a prison sentence, the wobbler becomes a felony permanently and cannot be reduced to a misdemeanor. If the court grants probation, even with a local jail sentence, the court may reduce the charge to a misdemeanor. Even if the case was previously dismissed under Penal Code 1203.4, it is still possible to apply for a reduction of a wobbler to misdemeanor status. 

No, the age of the conviction is not relevant, but it is best to apply as soon as you are eligible, in case the court purges your file. Not having the file available may make it more difficult to present sufficient information in your petition to the court. 

You may need to request a copy of your “rap sheet” to assist in locating the case detail and correct court. There is a charge to obtain the record, but we can provide you with the application form for “Live Scan” and locations in Orange County to obtain your criminal history. After completing the application process, the rap sheet is mailed directly to you in five days and can be useful to us in preparing your petition to the court. 

No, if you are currently a resident of Orange County and have been for the past five years and you are eligible to apply, you can use one application for convictions that occurred anywhere in the state. If your conviction resulting in a state prison sentence occurred in Orange County, but you do not live in Orange County, you must apply in the county where you are a resident. 

No. 

No.

The Office of the Public Defender is available to assist persons who are financially unable to pay for the assistance of a private attorney. If it is determined that you do not qualify for our assistance upon review of your financial statement, we will return your documents so that you may obtain private counsel or file the paperwork on your own. The law allows that you may be required to reimburse the court for costs of services rendered, not to exceed $120.00. You may request that the court waive this reimbursement cost and/or request a hearing on your “ability to pay” as defined by Penal Code section 987.8. (You do not need to pay this cost at the time of the filing of your petition.)

Provide information in all the documents in the application packet as completely as possible, including the “Defendant’s Financial Statement”. Obtain three to five character reference letters and any certificates or awards obtained since your conviction. 

It depends on the relief requested, but the process does require patience. The average time is two to three months for most types of petitions, and much longer for Certificates of Rehabilitation & Pardons. 

In most cases deputy public defenders are appointed by the court. If you are charged with a crime and cannot afford to hire an attorney, ask the court to appoint a public defender at your first appearance before a judge. You may be asked to submit a financial declaration to determine eligibility. If you have questions about whether you need a public defender or qualify for one, call any of the branch offices listed on this website. Generally, the person seeking our representation must be indigent. This means that they are without the resources to hire their own attorney.

In juvenile delinquency cases we represent the minor without regard to the indigency of the young person. In mental health cases we represent the subject of the detention or conservatorship application without regard to the resources of that individual, as required by statute.

We represent people charged with felony or misdemeanor crimes and violations of probation and/or parole supervision. We represent children who have cases in Juvenile Delinquency Court, and parents with cases in the Juvenile Dependency Court when the court may consider taking custody of the children due to issues in the home. We also represent people who are being involuntarily detained due to alleged mental illness or who need a guardian to care for them. We do not generally represent people charged with infractions, such as traffic tickets.

The County of Orange has established the office of the Alternate Public Defender to provide legal representation for defendants charged in criminal cases that the Public Defender cannot represent. This may occur, for example, when the Public Defender’s office already represents another defendant accused in the same case, or the defendant happens to be a witness against another public defender client in a separate case. This is called a "conflict of interest."

The Public Defender can only represent one person in those types of cases since each person charged with a crime is entitled to have their own lawyer devoted to protecting their interests in the case. If the other person or persons are indigent, the court must appoint other counsel to represent them and that is typically an Alternate Public Defender.

When your criminal case ends, if you have been represented by appointed counsel such as the Public Defender's Office, the judge may conduct a hearing to determine whether or not you have the present ability to pay all -- or a portion of -- the costs of your court-appointed attorney. At this hearing, depending upon your income and expenses, the judge may order you to pay for the cost of the services of your attorney, some of the cost -- or none. If the judge determines you have the ability to pay some or all of the costs, you will be ordered to pay according to your financial situation. If you cannot afford to pay, you will not be required to do so.

In Juvenile Court cases, the family of the client may be assessed for the costs of the Public Defender service using a similar process as described above.

Yes. All deputy public defenders are lawyers licensed to practice law by the California State Bar. Orange County Deputy Public Defenders are widely recognized as among the best criminal defense lawyers in the county because of their experience and training.

Although all California lawyers are required to continue their legal education, the Orange County Public Defender makes sure that his lawyers are continually trained and current in the law by offering extensive and specialized in-house training covering everything from how to try a misdemeanor case to death penalty defense strategies. They are also encouraged to regularly attend training with organizations specializing in all of the areas that they practice.

Not without your permission. Everything you tell us, or what we learn from working on your case, is kept confidential. We may need to talk with your family to help you on your case, but we will only share what information you authorize us to. We may also advise you not to talk to others about your case, not even family or friends.  

Every person charged by the government is entitled to zealous representation. When we ensure even and fair justice for someone who is accused of a crime, we are protecting the rights of all citizens. We believe that criminal defense lawyers are constitutional defenselawyers. We are the last line of defense between the individual rights and liberty of all citizens and misguided overzealous exercise of untold power by our government. If it weren't for criminal defense attorneys tirelessly challenging the power of the government to intrude into individuals' lives, no one would be safe from unreasonable government intrusion. Our mission includes making sure that the Government doesn't overcharge or over punish a guilty client or engage in abuses of power-- as much as it is to see that it doesn't convict an innocent one. But/for daily aggressive and effective advocacy in each and every case, the integrity of our system of justice would be in grave jeopardy. A defense lawyer's belief in a client's guilt or innocence is totally irrelevant. That determination is the job of the judge or jury under our adversarial system of justice.

As Thomas Jefferson stated: “The price of freedom is eternal vigilance”.

Yes, the Office of the Public Defender is available to represent you, regardless of your citizenship status. The Office of the Public Defender will also provide you with accurate information regarding the possible immigration consequences from any potential resolution of your case.

Yes, whenever necessary, your public defender will obtain the assistance of an interpreter. An interpreter will be made available for interviews, consultations, and court proceedings. A substantial number of our attorneys, clerical staff, and investigators are fluent in Spanish and other languages. In court, an official court interpreter will be obtained for whichever language or dialect is needed for you to be able to clearly communicate and understand everything that is going on in your case.

Yes. Exhaustively, aggressively, and with compassion. Our primary responsibility is to provide excellent, high quality and vigorous legal representation for you. We believe in fighting for you in court, litigating aggressively, and providing services and support that help you succeed once your case is concluded. If appointed to represent you, the Public Defender’s only loyalty is to you, our client.

Call any of our offices and the receptionist will connect you to your lawyer’s office. You can find the numbers for our offices on the locations page of this site.

The best times to reach your attorney are usually early in the morning and late in the business day because they are in court most of the day. If an attorney is not immediately available you can leave a message asking for your Deputy Public Defender to return your call as soon as possible. If you feel your matter is urgent, be sure to say so when you call any Public Defender office.

All public defenders have voice mail, so you can leave a message there as well. Anytime you have to leave a telephone message for your attorney, always remember to speak slowly and clearly. Leave your complete name, your case number if you know it, your next court date, a telephone number, and the best time for your attorney to contact you.

Call the Public Defender's Office where your case is pending. You can find the numbers for our offices on the locations page of this site. Provide the receptionist with your case number, or -- if you can't remember the number -- provide your full name and date of birth. Ordinarily, that information alone will be enough to help our staff determine the name of your attorney. The receptionist will then connect you to the attorney’s office or, if you prefer, take a message for you.

Yes. The Offices of the Public Defender have a staff of highly trained and experienced investigators. Their job is to track down any witnesses and obtain any physical evidence that might prove a client's innocence or demonstrate a weakness in the prosecutor's case. Often it is the work of a dedicated Public Defender investigator that helps earn an innocent client release from custody. Other times, the investigator’s work helps to obtain lighter sentences for individuals who have been convicted.

Yes. The attorney-client privilege requires that the confidential communication between lawyer and client cannot be disclosed to anyone without the consent of the client. This same privilege extends to ALL employees of the Public Defender's Office, including investigators.

No, the public defender’s office does not appear in immigration matters. However, if you have a criminal case, your lawyer will help you understand the impacts of that case on your immigration status. It is always important that you consult with a lawyer who knows and specializes in immigration law with any concerns you may have about your status.

REMEMBER YOUR RIGHTS TO REMAIN SILENT AND TO AN ATTORNEY-And tell the officers that you are asserting that right.

If you are stopped by law enforcement, keep in mind the Miranda warnings you may have heard about:

"You have the right to remain silent
Anything you say can and may be used against you in court
You have the right to an attorney before and during any questioning
If you cannot afford an attorney, one will be appointed to assist you"

Many people feel they can easily handle any contact with law enforcement, but in fact these contacts are often filled with surprise, fear, and confusion.  The courts have held that police officers can lie and misrepresent facts in order to obtain a statement. Consequently, if you are questioned by law enforcement, it is essential to keep these rights in mind, and to invoke the rights as soon as possible. Repeat it.  State clearly that you wish to have an attorney present before and during any questioning. If law enforcement continues to question you after you have requested an attorney, repeat your request for an attorney and otherwise remain silent.

Not always.  Law enforcement’s duty to advise you of your Miranda rights is limited. If you are “in custody” and are being questioned, the police may have to advise you of your rights. HOWEVER, you must not rely on the police advising you of your rights because there are many situations where law enforcement is NOT under a duty to make these advisements. The fact that law enforcement does not advise you of your rights does NOT render the arrest unlawful. Failure to read you your rights will not mean your case is automatically dismissed.

However, remember, you are under no duty to answer any questions except your name and address. 

Ask to have a lawyer represent you. If you are in custody for the case when the police are trying to question you, the police must inform you that you have the right to remain silent and the right to an attorney before they start to question you about a crime. Likewise, if the police want to place you in a lineup, you have the right to have an attorney present at the lineup. The Offices of the Public Defender have attorneys available to serve these functions for those who cannot afford an attorney. A public defender who goes to the police station or jail serves as your attorney in the same way as if you had retained the attorney to represent you. The attorney represents you, not the police.

Law enforcement is under no duty to advise you of your rights in order to search you or your property. Nevertheless, law enforcement can only search you or your property under certain circumstances. This area of the law is very complicated and you should speak with your attorney about your particular situation. 

If you do not want the police to search, you should clearly tell them that you do not want to be searched.  “You do not have my consent to search.”  While you do have the right to refuse to be searched or have your property searched, there are situations where law enforcement can search you or your property without your consent. If you are not sure whether they have the right or not, clearly tell them that you are not consenting to any search that they do.  If law enforcement has a search warrant, ask for a copy of the warrant.

Yes.  That’s what we’re here for. If you have reason to believe that you are under investigation by law enforcement, and you cannot afford an attorney, contact our office immediately and come speak with one of our attorneys. Talking with an attorney is important so that you can understand your rights, responsibilities and the potential outcomes of any investigation. Law enforcement investigators should understand and must respect your desire to speak with an attorney. Any consultation about your situation with a public defender will be completely confidential.

On November 4, 2014, the voters of California passed Proposition 47, a law that changes some low level crimes like drug possession and petty-theft related offenses from potential felonies to misdemeanors. State prison cost savings from the changes will be invested in grants for drug treatment and mental health services for people in the criminal justice system, programs for at-risk students in k-12 schools, and victim services.

See below for the forms for Orange County. If your conviction is not from Orange County, that County probably has its own form; please contact the Public Defender in the county of your conviction. 

Letter .p47.PETRO.INTERIM

977.p47.12.30.15

Financial Form

You may be able to have your most recent case, and any earlier cases, changed from felonies to misdemeanors if you were convicted of the following charges:

• Shoplifting, i.e. Commercial Burglary of $950 or less of a Store during Business Hours (PC §459) 

• Forgery of $950 or less (PC §470-476)
• Fraud/Bad Checks of $950 or less (PC §476a)
• Grand Theft of $950 or less (PC §487)
• Petty Theft/Shoplifting of $950 or less (PC §§484, 484/666)
• Possession of Methamphetamine (HS §11377)
• Possession of Controlled Substance (HS §11350)
• Possession of Concentrated Cannabis (HS §11357(a))
• Receiving Stolen Property of $950 or less (PC §496


Yes, if you are currently serving a sentence for one of the above offenses, you may be eligible for resentencing and release. Individuals with specific priors and people registered as sex offenders are excluded. You must petition a judge who has discretion to release as long as there is no unreasonable risk of danger to public safety.

Call the public defender's office where your conviction occurred. If your conviction is from Orange County, and you qualify for our services, call 714-834-2144 and we will connect you with a lawyer who will file a petition for you.

In each county that you have a felony conviction for an eligible offense, you can file a request to change your record. If your conviction is not from Orange County, you may want to check the website for your county court to see if they have their own suggested form. You should have an attorney review your form before you submit it. Be sure to submit it to the court clerk and the District Attorney’s office for the county.

It depends. Generally, there is no requirement for a court hearing; but sometimes there is a need to address a question of your eligibility. If there is any question about whether your felony case should be reduced, there may be a court hearing where you will be represented by a public defender if you qualify financially.

From the time we determine your eligibility, it typically is 6 weeks for the court date. We encourage you to provide us with as much information as you have about your case. 

The maximum jail time for most misdemeanors is one year in county jail. If you have already served more than the maximum term of confinement, you should be released. If you have not served the maximum term of confinement for the misdemeanor charge(s), the court may hold a hearing to determine if your sentence should be reduced. However, if you have other cases or charges that are holding you in custody, you will not be released even if you receive a reduction on one or more charges.

This will depend on the type of sentence you received before, and the decision will be made by the judge who resentences you. If you are resentenced, you should receive a Minute Order from the court before you are released. Please read it carefully to see if you have been ordered to report to probation or parole when you are released. Please comply with any terms and conditions ordered by the Court. If you think there has been a mistake or have any questions about any of the new terms and condition of your sentence after resentencing, please call the Office of the Public Defender in your county.

No fee is charged by the court. You will be required to fill out a financial declaration to qualify for the services of the Public Defender. 

Yes. Any restitution orders will remain in full force and effect. But your court fines and fees may be decreased if your case is reduced from a felony to a misdemeanor. Please check your Minute Order when you are released to see how much you owe

If you are arrested, you should request to speak to a lawyer and obtain advice from a lawyer before answering police questions. For more information click here: FindLaw Library

Probably not.  Not being properly advised of your Constitutional rights may have consequences that will impact the ultimate outcome of your case, but the mere fact that you were not properly advised does not mean your case is automatically dismissed. It is an issue that should be brought to the attention of your attorney so that appropriate legal remedies can be sought.

If you think the information in your criminal history record is incorrect, you may submit a formal challenge to the Department of Justice. But first: 1. You must obtain a copy of your record from the Department in accordance with California Penal Code § 11120-11127. BCII form 8706 “Claim of Inaccuracy or Incompleteness” will be mailed to you with your record. 2. Complete form 8706 and submit it and any/all supporting documentation to the Department of Justice to the address provided on the form. The challenge will be reviewed and you will receive a written response with an amended copy of your criminal history record if appropriate. 

Depending on the information in your record, processing can take up to several weeks. 

No. The Department of Justice does not offer expedited service. 

Available positions are posted on the OCPD Employment page and Orange County Home Page. Follow application instructions and you will be notified when a recruitment for a position you are interested in is occurring.

http://www.pubdef.ocgov.com/OCPDFeeInfo.pdf

Arrest and court disposition info can only be modified by court order or at the direction of the arresting agency/district attorney having jurisdiction over the criminal matter. The Department policy is to retain criminal history info until the subject of the record reaches 100 years of age. 

LINKS

In State –

Live Scan Instructions

http://ocpubdef-web.civicasoft.com/civicax/filebank/blobdload.aspx?BlobID=22690

Live Scan Form BCII 8016RR

http://ocpubdef-web.civicasoft.com/civicax/filebank/blobdload.aspx?BlobID=22691

Live Scan Sites (by county) http://ag.ca.gov/fingerprints/publications/contact.php

Out of State –

Manual Rap Sheet request form BCII 8705

http://ocpubdef-web.civicasoft.com/civicax/filebank/blobdload.aspx?BlobID=22692

In most cases deputy public defenders are appointed by the court. If you are charged with a crime and cannot afford to hire an attorney, ask the court to appoint a public defender at your first appearance before a judge. You may be asked to submit a financial declaration to determine eligibility. If you have questions about whether you need a public defender or qualify for one, call any of the branch offices listed on this website.  Generally, the person seeking our representation must be indigent. This means that they are without the resources to hire their own attorney.

In juvenile delinquency cases we represent the minor without regard to the indigency of the young person.  In mental health cases we represent the subject of the detention or conservatorship application without regard to the resources of that individual, as required by statute.

Yes, the Orange County Public Defender’s Office has a vigorous program for volunteer interns, paralegals and law clerks.  Students have a wide variety of experiences when volunteering with our office and find that it is a tremendous opportunity.  Contact xxxxxxxx if you would like to apply.

Available positions are posted at the Orange County Jobs Page: http://agency.governmentjobs.com/oc/default.cfm. Follow application instructions and you will be notified when a recruitment for a position you are interested in is occurring.

We represent people charged with felony or misdemeanor crimes and violations of probation and/or parole supervision. We represent children who have cases in Juvenile Delinquency Court, and parents with cases in the Juvenile Dependency Court when the court may consider taking custody of the children due to issues in the home. We also represent people who are being involuntarily detained due to alleged mental illness or who need a guardian to care for them. We do not generally represent people charged with infractions, such as traffic tickets.

Yes, even if you are in jail, you are eligible to vote as long as you meet the following Voter Registration Requirements:

• Are a citizen of the United States; Are a resident of California; Are at least 18 years of age or older as of Election Day;
• Have registered to vote at least fifteen (15) days prior to Election Day (the most important step);
• Are awaiting trial or on trial for any crime;
• Are in jail for a misdemeanor;
• Are on probation, even if you are in jail as a condition of your probation;
• Are awaiting a judge’s decision on a probation violation.

If you meet the above requirements, you have the right to vote!

For more detailed information on your voting rights, visit http://www.aclu.org/know-your-rights-california-voter-information orhttp://www.sos.ca.gov/elections/sharing-ideas/a-voting-guide-for-inmates.pdf.

The County of Orange has established the office of the Alternate Public Defender to provide legal representation for defendants charged in criminal cases that the Public Defender cannot represent. This may occur, for example, when the Public Defender’s office already represents another defendant accused in the same case, or the defendant happens to be a witness against another public defender client in a separate case. This is called a "conflict of interest."

The Public Defender can only represent one person in those types of cases since each person charged with a crime is entitled to have their own lawyer devoted to protecting their interests in the case. If the other person or persons are indigent, the court must appoint other counsel to represent them and that is typically an Alternate Public Defender. 

Yes, if you have a misdemeanor conviction, you can still vote. A misdemeanor does not affect your right to vote.

If you have a felony conviction, so long as you are not currently in prison or on parole, mandatory supervision or post-release community supervision, you can vote. You can vote if you are on felony probation.

Once you complete your prison sentence, parole, mandatory supervision or any post-release community supervision, your voting rights are automatically restored. However, you still need to fill out a voter registration card in order to be able to vote. You have to register to vote at least 15 days before Election Day.  For detailed information on your voting rights, visit either http://www.aclu.org/know-your-rights-california-voter-informationor http://www.sos.ca.gov/elections/sharing-ideas/a-voting-guide-for-inmates.pdf.

No, the public defender’s office does not appear in immigration matters.  However, if you have a criminal case, your lawyer will help you understand the impacts of that case on your immigration status.  It is always important that you consult with a lawyer who knows and specializes in immigration law with any concerns you may have about your status.

When your criminal case ends, if you have been represented by appointed counsel such as the Public Defender's Office, the judge may conduct a hearing to determine whether or not you have the present ability to pay all -- or a portion of -- the costs of your court-appointed attorney. At this hearing, depending upon your income and expenses, the judge may order you to pay for the cost of the services of your attorney, some of the cost -- or none. If the judge determines you have the ability to pay some or all of the costs, you will be ordered to pay according to your financial situation. If you cannot afford to pay, you will not be required to do so.

In Juvenile Court cases, the family of the client may be assessed for the costs of the Public Defender service using a similar process as described above.  

As to certain offenses the California Penal Code Section 1203.4 allows the court, in the interests of justice, to permit you to withdraw a previously entered guilty plea and have your case dismissed if you have fulfilled the conditions of probation for the entire period of probation or have been discharged from probation. To obtain a dismissal under this section you must file a Petition (click here for a 1203.4 Petition and Order form - Adobe Acrobat Reader required - download Adobe Acrobat Free Reader) in the jurisdiction where the prior conviction occurred seeking an Order by the court to grant relief under Penal Code Section 1203.4. The court will calendar your request for a hearing before a judge. If your old case was a felony conviction you may be eligible to have the charge reduced to a misdemeanor. You should consult an attorney prior to filing your petition. For more information, see the Orange County Public Defender "New Leaf" program or read California Penal Code Section 1203.4 and California Penal Code Section 17(b). 

If you want to ask the sentencing judge to modify your sentence you can do so by filing a Petition for Modification of Sentence (click here for a Petition for Modification of Sentence form - Adobe Acrobat Reader required - download Adobe Acrobat Free Reader) or you can write a letter to the sentencing judge which clearly states your case number, current sentence and your reasons for requesting the modification. It is usually best to have assistance from your attorney in any communication with the court.  You should contact the attorney who represented you on your case when you were sentenced. If  the modification that you are seeking is to shorten the time that you are being supervised by probation, you can contact the Orange County Public Defender "New Leaf" program.  It will be helpful to your attorney if you can gather any papers or information to support your request.  For more information, contact your attorney at one of our office locations or e-mail us.

Yes. All deputy public defenders are lawyers licensed to practice law by the California State Bar. Orange County Deputy Public Defenders are widely recognized as among the best criminal defense lawyers in the county because of their experience and training. 

Although all California lawyers are required to continue their legal education, the Orange County Public Defender makes sure that his lawyers are continually trained and current in the law by offering extensive and specialized in-house training covering everything from how to try a misdemeanor case to death penalty defense strategies. They are also encouraged to regularly attend training with organizations specializing in all of the areas that they practice.

Yes. Anyone who has been convicted after a misdemeanor or felony trial, or been found in violation of probation or parole, or had findings made against them in juvenile court, has the right to appeal. This process is started by the trial attorney who, upon request of the client, will file a notice of appeal in the trial. A lawyer who specializes in appeals will then be appointed to represent you in your appeal.  Your public defender will provide your appellate lawyer with all the information she needs to help you win your appeal.

Not without your permission.  Everything you tell us, or what we learn from working on your case, is kept confidential.  We may need to talk with your family to help you on your case, but we will only share what information you authorize us to.  We may also advise you not to talk to others about your case, not even family or friends.   

Yes.  That’s what we’re here for. If you have reason to believe that you are under investigation by law enforcement, and you cannot afford an attorney, contact our office immediately and come speak with one of our attorneys. Talking with an attorney is important so that you can understand your rights, responsibilities and the potential outcomes of any investigation. Law enforcement investigators should understand and must respect your desire to speak with an attorney. Any consultation about your situation with a public defender will be completely confidential.

Law enforcement is under no duty to advise you of your rights in order to search you or your property. Nevertheless, law enforcement can only search you or your property under certain circumstances. This area of the law is very complicated and you should speak with your attorney about your particular situation. 

If you do not want the police to search, you should clearly tell them that you do not want to be searched.  “You do not have my consent to search.”  While you do have the right to refuse to be searched or have your property searched, there are situations where law enforcement can search you or your property without your consent. If you are not sure whether they have the right or not, clearly tell them that you are not consenting to any search that they do.  If law enforcement has a search warrant, ask for a copy of the warrant.

Ask to have a lawyer represent you. If you are in custody for the case when the police are trying to question you, the police must inform you that you have the right to remain silent and the right to an attorney before they start to question you about a crime. Likewise, if the police want to place you in a lineup, you have the right to have an attorney present at the lineup. The Offices of the Public Defender have attorneys available to serve these functions for those who cannot afford an attorney. A public defender who goes to the police station or jail serves as your attorney in the same way as if you had retained the attorney to represent you. The attorney represents you, not the police.

Every person charged by the government is entitled to zealous representation.  When we ensure even and fair justice for someone who is accused of a crime, we are protecting the rights of all citizens. We believe that criminal defense lawyers are constitutional defense lawyers. We are the last line of defense between the individual rights and liberty of all citizens and misguided overzealous exercise of untold power by our government. If it weren't for criminal defense attorneys tirelessly challenging the power of the government to intrude into individuals' lives, no one would be safe from unreasonable government intrusion.  Our mission includes making sure that the Government doesn't overcharge or over punish a guilty client or engage in abuses of power-- as much as it is to see that it doesn't convict an innocent one.  But/for daily aggressive and effective advocacy in each and every case, the integrity of our system of justice would be in grave jeopardy.  A defense lawyer's belief in a client's guilt or innocence is totally irrelevant. That determination is the job of the judge or jury under our adversarial system of justice.

As Thomas Jefferson stated: "The price of freedom is eternal vigilance"

Not always.  Law enforcement’s duty to advise you of your Miranda rights is limited. If you are “in custody” and are being questioned, the police may have to advise you of your rights. HOWEVER, you must not rely on the police advising you of your rights because there are many situations where law enforcement is NOT under a duty to make these advisements. The fact that law enforcement does not advise you of your rights does NOT render the arrest unlawful. Failure to read you your rights will not mean your case is automatically dismissed.

However, remember, you are under no duty to answer any questions except your name and address. 

Yes, the Office of the Public Defender is available to represent you, regardless of your citizenship status. The Office of the Public Defender will also provide you with accurate information regarding the possible immigration consequences from any potential resolution of your case.

Yes, whenever necessary, your public defender will obtain the assistance of an interpreter. An interpreter will be made available for interviews, consultations, and court proceedings. A substantial number of our attorneys, clerical staff, and investigators are fluent in Spanish and other languages. In court, an official court interpreter will be obtained for whichever language or dialect is needed for you to be able to clearly communicate and understand everything that is going on in your case.

Yes.  Exhaustively, aggressively, and with compassion. Our primary responsibility is to provide excellent, high quality and vigorous legal representation for you.  We believe in fighting for you in court, litigating aggressively, and providing services and support that help you succeed once your case is concluded.  If appointed to represent you, the Public Defender’s only loyalty is to you, our client. 

If you are in custody at your arraignment the judge will set the bail amount according to the County’s bail schedule and in light of the circumstances of your background and the conduct with which you are charged. The Orange County bail schedule is posted at http://www.occourts.org/directory/criminal/felonybailsched.pdf.  This bail schedule is a guideline and the actual bail set may deviate from the schedule. Sometimes, the judge will O.R. you at your arraignment.  Your public defender can ask the court to reconsider the bail at later court dates.  You should discuss this with your lawyer if you have any questions.

REMEMBER YOUR RIGHTS TO REMAIN SILENT AND TO AN ATTORNEY-And tell the officers that you are asserting that right.

If you are stopped by law enforcement, keep in mind the Miranda warnings you may have heard about:

"You have the right to remain silent
Anything you say can and may be used against you in court
You have the right to an attorney before and during any questioning
If you cannot afford an attorney, one will be appointed to assist you"

Many people feel they can easily handle any contact with law enforcement, but in fact these contacts are often filled with surprise, fear, and confusion.  The courts have held that police officers can lie and misrepresent facts in order to obtain a statement. Consequently, if you are questioned by law enforcement, it is essential to keep these rights in mind, and to invoke the rights as soon as possible. Repeat it.  State clearly that you wish to have an attorney present before and during any questioning. If law enforcement continues to question you after you have requested an attorney, repeat your request for an attorney and otherwise remain silent.

Being released on an "O.R." (own-recognizance) means you are promising  to appear in court on a future day without having to post bail. If you are released on an O.R., the judge may impose conditions of your release.

Call any of our offices and the receptionist will connect you to your lawyer’s office.  You can find the numbers for our offices on the locations page of this site.

The best times to reach your attorney are usually early in the morning and late in the business day because they are in court most of the day. If an attorney is not immediately available you can leave a message asking for your Deputy Public Defender to return your call as soon as possible. If you feel your matter is urgent, be sure to say so when you call any Public Defender office.  

All public defenders have voice mail, so you can leave a message there as well. Anytime you have to leave a telephone message for your attorney, always remember to speak slowly and clearly. Leave your complete name, your case number if you know it, your next court date, a telephone number, and the best time for your attorney to contact you.

"Bail" is the amount of money that a someone who is in custody (or typically someone on his/her behalf) must pay in order to be released from jail. It is intended to assure the court that they will appear at his/her future court dates.

Yes. The attorney-client privilege requires that the confidential communication between lawyer and client cannot be disclosed to anyone without the consent of the client. This same privilege extends to ALL employees of the Public Defender's Office, including investigators.

Call the Public Defender's Office where your case is pending. You can find the numbers for our offices on the locations page of this site.  Provide the receptionist with your case number, or -- if you can't remember the number -- provide your full name and date of birth. Ordinarily, that information alone will be enough to help our staff determine the name of your attorney. The receptionist will then connect you to the attorney’s office or, if you prefer,  take a message for you.

Call the Public Defender’s Office immediately.  If you don’t know your next court date, don’t put off calling to find out. Missing a court date can result in the judge taking you into custody when you do show up or a warrant being issued for your arrest. The easiest way to find out your next court date is to contact the Public Defender’s office at the court where your case is being heard and our staff will be able to tell you your next court date. Whenever you call a Public Defender Office, it is always very helpful to have your case number available (if you know it).  You can find the numbers for our offices on the locations page of this site.

Call the Public Defender’s Office immediately.  It is always best to approach the court with the help of your lawyer to explain what happened rather than wait and take your chances.  Gather any documents that might help support your reasons for missing court (for example, hospital records or a letter from your doctor if you were ill, or a receipt from the mechanic if your car broke down, or a picture of the flat tire!).  Even if you do not have anything to bring, the quicker you appear in court, the better the chances a judge will understand and allow you to continue to remain out of custody.  You can find the numbers for our offices on the locations page of this site.

All of the courthouse locations can be found on the locations page of this site.  If you still are not sure, contact your Deputy Public Defender, who can give you that information. If he or she is not available, you can give your name and case number to the receptionist and they will be able to tell you the precise location of your particular court and help with directions on how to get there.

If you are already represented by a public defender on the case, call the Public Defender's Office where your case is pending and give the receptionist your case number, or your full name and date of birth. That information will be enough to determine whether there is a warrant for your arrest.  You can also check the Orange County Sheriff’s website which lists all Orange County outstanding warrants. 

Arrangements can then be made through your attorney to accompany you to court to deal with the warrant. It is better to work with your attorney to deal with a bench warrant than to ignore the warrant and take your chances on being arrested and jailed.

It would also be helpful to be able to explain why you failed to appear in court. If there is any written record (such as a letter from your doctor or your employer) which may help to explain your absence, the judge might consider giving you another chance rather than putting you into custody.

Yes. The Offices of the Public Defender have a staff of highly trained and experienced investigators. Their job is to track down any witnesses and obtain any physical evidence that might prove a client's innocence or demonstrate a weakness in the prosecutor's case. Often it is the work of a dedicated Public Defender investigator that helps earn an innocent client release from custody. Other times, the investigator’s work helps to obtain lighter sentences for individuals who have been convicted