How do I formally request a court-appointed public defender at my arraignment in a California Superior Court?
To formally request a public defender, you must tell the judge at your arraignment that you cannot afford an attorney and ask the court to appoint one for you. You will then need to prove your financial inability to the court.
Here are the steps to formally request a court-appointed public defender:
Step 1: Attend Your Arraignment
You must appear in court on the date and time listed on your ticket or release paperwork. Arrive early, find your assigned courtroom, and be prepared to wait for your case to be called.
Step 2: Listen for the Judge
When your case is called, you will approach the front of the courtroom. The judge is legally required to inform you of the charges against you and of your constitutional right to an attorney.
Step 3: State Your Request Clearly
When the judge asks if you have a lawyer, state clearly and respectfully: "Your Honor, I cannot afford to hire an attorney, and I am requesting that the court appoint a public defender to represent me."
Step 4: Complete the Financial Declaration Form
The judge will provide you with a financial declaration form. You must fill this out completely and truthfully, listing all your income, assets, savings, and major expenses. Be prepared with this information.
Step 5: Submit the Form and Await the Decision
You will submit the completed form to the court clerk. The judge will review it to decide if you meet the county's criteria for indigence. If you qualify, the judge will grant your request and appoint the Public Defender's Office to your case.
Important Details and Nuances:
You must be completely honest on the financial form, as providing false information is a crime (perjury). In some larger courthouses, a representative from the Public Defender's office may be present to help you with the form.
Warnings and Limitations:
The court makes the final decision, and not everyone qualifies. If your income is too high, your request may be denied. Even if a public defender is appointed, the court may later order you to reimburse the county for some or all of the legal fees if it determines you have the ability to pay.
This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California attorney regarding your specific case.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Criminal Law
Criminal charges, court procedures, and defendant rights
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