Introduction
Under the Constitution of the United States, you have the following rights if you are arrested:
1) The Right to an Attorney
2) The Right to Remain Silent when Questioned by the Police
Under the Constitution of the United States, you have the following rights if you are arrested:
1) The Right to an Attorney
2) The Right to Remain Silent when Questioned by the Police
Everyone in the Public Defender’s Office can be involved in your case. Our supervising attorneys have many years of criminal defense experience. Your team includes experienced staff attorneys, one of whom will be the primary lawyer working on your case. We have a community worker who will conduct investigations, help out at trials, and work with you on problems related to your criminal case. Our clerical staff helps to coordinate the work on your case and is the team’s anchor. They are the most accessible members of the team and can often answer your questions or get the information you need. Your team may also have an intern who will help with investigations and do research on your case. All team members are prepared to handle most of your questions, if your primary lawyer is unavailable.
We are committed to ensuring that you:
Under the law there are certain decisions concerning your criminal case that only you can make. These decisions are:
1. How to plead, guilty or not guilty.
a. Your lawyers will provide you with legal advice to help you make this decision by telling you what they know about the prosecutor’s case, outlining legal defenses, and devising a strategy with you about the possible results of each choice including whether or not to testify.
2. As the Constitution says, you have the right to remain silent. However, you can waive this right and decide to testify if your case involves a grand jury, a pre-trial hearing, or a trial. Your lawyers will assist you in your decision making, but the final decision is yours.
3. Whether or not to have a jury or a judge decide your case.
a. You have a Constitutional right to a trial by jury, except on very low level crimes. You can, however, waive this right and have your case tried by a judge. Again, your team will help you decide by explaining the issues in the case and the evidence that may be presented, but it’s your decision. Although there are certain strategic decisions in your case that your lawyers are responsible for making, your involvement and input are extremely important and you should be an active participant in the decision making process.
4. Even if you are in jail, you have a right to be present whenever any important event in your case happens in court.
a. If you are in jail, you will be brought to court by the Sheriffs Department. If for any reason the Sheriffs Department fails to bring you to court, we will make certain that no important event occurs in your absence.
b. If you are not in jail, you must be present for every court appearance. We will advise you of the date and time of every court appearance. You must be in the courtroom at the time directed, even though the judge may not get to your case for several hours.
Remember, we are here for you. If you are ever arrested again, or if you hear that the police want to question you about a crime, you must CALL US RIGHT AWAY. From the moment you call us, we will do everything possible to protect your rights. If you are on probation or parole, call us right away if any problems arise. We might be able to resolve the conflict before it becomes more serious. If our office represented you on a case for which you were placed on probation and if you are charged with a violation of that probation, CALL US! We will represent you in any violation of probation proceedings. If you are arrested for a new crime while on parole and you are charged with a parole violation, we will represent you. That is why it is very important that you call us right away if you are re-arrested and are therefore charged with a parole violation. We believe in continuing representation. Just because the court case is over doesn’t mean that your case is over with us. Please call us if you ever need our help again.
1. You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and personnel in your lawyer’s office.
2. You are entitled to an attorney capable of handling your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to withdraw from the attorney-client relationship at any time (court approval may be required in some matters and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge).
3. You are entitled to your lawyer’s independent professional judgment and undivided loyalty un compromised by conflicts of interest.
4. You are entitled to be charged a reasonable fee and to have your lawyer explain at the outset how the fee will be computed and the manner and frequency of billing.
5. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals.
6. You may refuse to enter into any fee arrangement that you find unsatisfactory.
7. You are entitled to have your questions and concerns addressed in a prompt manner and to have your telephone calls returned promptly.
8. You are entitled to be kept informed as to the status of your matter and to request and receive copies of papers.
9. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter.
10. You are entitled to have your legitimate objectives respected by your attorney, including whether or not to settle your matter (court approval of a settlement is required in some matters).
11. You have the right to privacy in your dealings with your lawyer and to have your secrets and confidences preserved to the extent permitted by law.
12. You are entitled to have your attorney conduct himself or herself ethically in accordance with the Code of Professional Responsibility.
13. You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin, or disability.