I can't afford an attorney. Will I have to pay to be represented by the Public Defender's Office?

It depends on your personal financial situation. Under California law, every person who is represented by a court-appointed attorney, including the Public Defender's Office, may be asked to pay a registration fee of up to $25 to the County of Napa. You will not be forced to pay anything if you cannot afford to pay the registration fee.

 When your case ends, if you have been represented by appointed counsel, such as the Public Defender's Office, the judge may conduct a hearing to determine whether you have the present ability to pay all -- or a portion of -- the costs of your court-appointed attorney. At this hearing, depending upon your income and expenses, the judge may order you to pay for all costs of the services of your attorney, some of the costs or none. If the judge determines you have the ability to pay some or all of the costs, you will be ordered to pay according to your financial situation and the level of service provided. If you cannot afford to pay, you will not be required to do so. In the past, most defendants were not required to pay. Now, in each case, the court will make enquiry into your ability to reimburse.

View information about this on our Paying for a Public Defender page.

Show All Answers

1. Are Deputy Public Defenders real attorneys?
2. How do I get an attorney to represent me?
3. Can I get advice from an attorney before I appear in court?
4. How do I contact my attorney?
5. I forgot the name of my attorney. How can I find out who is representing me?
6. I forgot where my court is located. How can I find out where I'm supposed to appear?
7. I can't afford an attorney. Will I have to pay to be represented by the Public Defender's Office?
8. How much can I earn and still be eligible for the services of an attorney?
9. What if the Public Defender cannot represent me?
10. Are all "appointed attorneys" employees of the Public Defender's Office?
11. What is "O.R."?
12. What is bail?
13. When will the judge set bail and/or consider an O.R. release?
14. What happens when someone is charged with a felony?
15. What happens when someone is charged with a misdemeanor?
16. Will the Public Defender represent me if I am a resident of another state?
17. Will the Public Defender's Office represent me if I am a citizen of another country?
18. Will the Public Defender's Office represent me in an extradition hearing?
19. My English is limited. How can I get an interpreter to assist me or my witnesses?
20. I like a certain attorney. Can I choose who represents me?
21. I don’t like my attorney. How do I get a new one?
22. Who is eligible for drug treatment within the criminal justice system under Proposition 36?
23. I have heard about the success of drug treatment courts. How do they differ from regular criminal courts?
24. What happens when someone under the age of 18 is charged with a crime?
25. My child, who is under 18, has been arrested and needs drug treatment, mental health treatment or specialized education. Can the Public Defender help?
26. Will the Public Defender's Office represent me in the appellate courts?
27. Will the Public Defender represent me in a habeas corpus proceeding?
28. What is an expungement?
29. Who is eligible for an expungement?
30. When is an expungement available?
31. What will an expungement do for me?
32. Does the Public Defender's Office have access to any police officers or investigators who can look for evidence that will help me talk to witnesses in my case?
33. I know my attorney can't repeat anything I say in confidence. How can I be sure that what I say to a Public Defender investigator or paralegal will be kept confidential?
34. If the police contact me, do I have to speak with them?
35. What should I do if the police want to search me or my belongings?
36. I want to sue the Police Department. Will the Public Defender represent me?
37. I was treated unfairly by the judge in my case, and I want to sue the court. Will the Public Defender's Office represent me?
38. I am the victim of a crime. Will the Public Defender represent me?
39. I need an attorney to help me in a civil case (like divorce, landlord/tenant dispute, debt payment, bankruptcy, child custody). Does the Public Defender handle that type of case?
40. How do I get a certificate of rehabilitation?
41. What is Proposition 64?