Recent question on our Live Admin Chat System: My son got a dwi a couple of weeks ago. He wasn’t even in the vehicle. He requested a public defender and hasn’t heard anything yet. What should we do?
If he requested a public defender and hasn’t heard anything yet, here’s what he/you can do:
1. Contact the court where the case is pending:
- The court handles the appointment of attorneys.
- You can call the court clerk and inquire about the delay in the appointment process.
2. Contact the county’s Indigent Defense Office (if applicable):
- Some counties have an Indigent Defense Office that handles court-appointed attorney requests.
3. Check the status of the request:
- He can call the Public Defender’s office directly and inquire about the status of his case and if anyone has been assigned to it.
4. Consider the timeline for appointment:
- In counties with a population of 250,000 or more, an attorney should be appointed by the end of the first working day after the court determines indigency and receives the request.
- In smaller counties, the court has up to three working days.
5. Understand the options if he qualifies:
- If the Public Defender’s Office is appointed, he will receive a letter or a visit from a Public Defender within 72 hours if he is in jail.
Important Notes:
- Be patient: While there are guidelines, the process of appointing a public defender can take time, especially considering caseloads.
- Document everything: Keep a record of when the request was made, who was contacted, and the responses received.
- Consult with private counsel if possible: If he is concerned about the delay or the public defender’s performance, he can always consult with a private criminal defense attorney like the ones we have on staff.
