Does a misdemeanor (drinking in public) entitle one to the use of a public defender in L.A.?

Question

I have a court date in three weeks and need to know what I should do and I can't afford a lawyer.

Answer 1

The above answers are a little bit inaccurate, but the bottom line is that if you cannot afford an attorney, you are entitled to the appointment of counsel without cost if you are charged with any misdemeanor or felony in California. (Government Code section 27706.)

You do NOT have to plead not guilty; you are entitled to the assistance of counsel in deciding what plea to enter. You do not necessarily have to wait until your arraignment for the court to appoint the Public Defender. The Public Defender can represent you upon your request at any time after charges are filed, or if you are being held in custody.

The Public Defender will wish to verify that you cannot afford counsel, and even if the PD says you qualify, the court can disagree when you appear. Many offices prefer to wait until you are in court, however, since until then there will not be much information concerning your case available to counsel.

Answer 2

No, it doesn't. You must prove you are Indigent. That means you must:
1. REQUEST an attorney from the judge.
2. Fill out the application paperwork.
3. QUALIFY as Indigent (unable to pay).

If you do not complete all 3 steps, you will NOT get a public defender.

Answer 3

YES.
Remember when they arrested you, and they recited those lovely words "if you cannot afford an attorney, one will be provided to you at no cost"?
You can get a public defender any time you are arrested, it doesn't matter if you're charged, if you have to go to court, or what the charge is.

Answer 4

You can request a public defender after pleading not guilty at the arraignment.