Are Public Defenders real attorneys?

How do I get a Public Defender?

Is a Public Defender free?

What is the $40 fee?

What is an arraignment?

What is a pre-trial hearing?

What is a Baker Act hearing? Can you have a Public Defender represent you at a Baker Act hearing?

Why hasn’t my Public Defender had my case dropped?

If I have a previous DUI and did not “blow” and I get stopped again for DUI, can I still refuse to “blow” into the breathalyzer?

Q Are Public Defenders real attorneys?

A Public Defenders are lawyers who practice only criminal law. All have undergraduate degrees and all have graduate degrees in law. With the exception of a few legal interns who are training in county court, all assistant public defenders have passed the rigorous requirements of the Florida Bar Association to practice law in this state. Many of our attorneys have more than 25 years experience practicing law. The 6th Circuit Public Defender Office has the highest number of Florida Bar Criminal Law certified attorneys in the State. It also has the highest number of Florida Supreme Court death qualified attorneys to try death penalty cases in the entire State.

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Q How do I get a Public Defender?

A.Beginning July 01, 2004, the Clerk of the Court began determining if a person applying for appointment of a Public Defender, private attorney, or any other due process service is indigent pursuant to s. 27.52 Florida Statutes. The Clerk’s determination of indigent status is a ministerial act based on information provided by the Defendant on a form developed by the Supreme Court. The Court can make a provisional appointment of the Public Defender, private attorney, or any other due process services on an interim basis, pending the Clerk’s determination of indigent status. The Affidavit of Indigent Status must be filed with the Clerk’s Office even if a provisional appointment has been made.
The provision of a Public Defender or court-appointed Attorney is not free. An application fee of $40 will be assessed whether the Public Defender is appointed or not, pursuant to s. 27.52 Florida Statutes. The Clerk’s Office may allow up to 7 days to pay this fee. If the fee is not paid within the 7 days, it will be added to any costs that may be assessed at the conclusion of the case.
A person will need to complete an "Affidavit of Indigent Status" available at the Clerk's Office and pay the $40 application fee.

Affidavit of Indigent Status

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Q Is a Public Defender free?

A No. If you enter a plea or are convicted at trial, the court can enter an order requiring payment of a fee or the court can make the fee a lien which could affect your credit. There is no fee ordered if your case is dismissed or you are acquitted.

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Q What is the $40 fee?

A The $40 application fee was created by the legislature. The fee applies whether or not you actually are appointed a Public Defender. If you do not have the money, you cannot be denied a Public Defender.

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Q What is an arraignment?

A. After your first appearance, if formal charges are filed, an arraignment will be scheduled. The arraignment is not a trial and not a time when evidence can be presented. At most arraignments your charges are read to you and if you do not have a lawyer the judge will again determine if the Public Defender's office will represent you. If a plea of not guilty is entered at your arraignment, your case will normally be scheduled for a pretrial conference. If the Public Defender has not been appointed, YOU MUST ATTEND THE ARRAIGNMENT.

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Q What is a pre-trial hearing?

A A pre-trial is the court proceeding in which a decision is made to either set a trial date or enter a plea of guilty or not contest. You generally MUST attend a pre-trial hearing unless your Public Defender has told you not to go.

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Q. What is a Baker Act hearing? Can you have a Public Defender represent you at a Baker Act hearing?

A A Baker Act is an involuntary mental health commitment proceeding. Generally these occur when someone has a concern that a person is a threat to themselves or others. You are entitled to representation by a Public Defender on a Baker Act.

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Q Why hasn’t my Public Defender had my case dropped?

A Only the state attorney or the court can drop or dismiss a case. Even if the victim says they do not want to prosecute the case, the decision by law is still up to the state attorney.

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Q If I have a previous DUI and did not “blow” and I get stopped again for DUI, can I still refuse to “blow” into the breathalyzer?

A Refusal to blow after a previous refusal is a 1st degree misdemeanor that has a maximum penalty of one year in the county jail.

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