Legal Question in Criminal Law in California

My brother was arrested for stealing GPS systems out of two cars. This was in Orange County, California. His arraignment is tomorrow and I am wondering about public defenders. He can't afford a lawyer, how and when does he ask for a public defender? From the research I've done online it seems like the arraignment is when one is appointed to him yet there needs to be proof of need (I found the form online). Also, shouldn't the lawyer be the one that advises him how to plead? And if so, how will that happen if he hasn't been appointed a public defender yet. Thank you for your help.


Asked on 9/02/09, 6:21 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

If he appears in court tomorrow and is in custody, a public defender will be appointed unless your brother indicates he wants to hire his own attorney or a family member is working on it for them.

If he's out of custody, he can ask for a public defender, then fill out the form in court to see if he qualifies for one.

If he's looking for someone to privately retain, I practice in Orange County - let me know.

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Answered on 9/02/09, 6:25 pm


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