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Public Defender

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1. How do I get a Public Defender?

A Public Defender must be appointed by the Court to represent you. If a court determines you are not financially able to retain private counsel, the court will appoint the Public Defender’s office to represent you.

In the case of a conflict of interest, or if the office has reached its maximum caseload, the court may appoint the Legal Defender’s Office, the Office of the Legal Advocate, or an attorney from the Office of Public Defense Services to represent you rather than the Public Defender’s Office.

By statute, the Public Defender’s Office is only appointed in criminal matters and mental health commitments. Public Defenders are not appointed for any civil cases.

2. When will I meet with my Public Defender?

If you are scheduled for a preliminary hearing, you will meet your attorney on your court date. If you were indicted and are scheduled for an arraignment, your attorney will be assigned after that court date. It generally takes at least 5 to 7 days following the appointment of the Public Defender’s Office for your case to be assigned and to get the attorney a copy of your file.

Clients scheduled to appear in one of the County Justice Courts can expect to meet with their attorney on the day of the Pretrial Conference.

3. How can I help my attorney?

- Always dress appropriately for court.
- Be on time for court and meetings with your attorney.
- Do not discuss your case on personal phone calls from the jail. Personal calls may be recorded.
- Do not discuss your case with anyone other than your Public Defender or a representative from this Office.
- Make sure that your attorney has a way to reach you in at all times. Provide the attorney with your change of address and phone number promptly.
- Provide your attorney with a list of potential witnesses and character references early in your case.

4. What type of cases does the Public Defender’s office handle?

The Public Defender’s Office is assigned by the Court to represent indigent individuals in Adult Criminal Cases (which includes juveniles transferred to adult court), mental health commitment matters, related Appeals and Post Conviction Relief matters.

5. Why was I told to contact your office within in 2 days of being released from jail?

When you contact our office you will participate in a brief interview with our Initial Services Specialists.

Initial Services Specialists are members of the defense team who are responsible for collecting valuable information about you and your case for your attorney. They are not attorneys, and they will not provide legal advice. However, they will provide you with important information regarding the court process.

6. Where and when can I get a copy of my police report?

You may request a copy of the police report from your attorney when you meet with him or her.

7. What is a preliminary hearing?

A preliminary hearing is a court proceeding that is conducted to determine two primary elements:
1. Did a crime occur?
2. Does probable cause exist to believe that the person before the court committed the crime?

8. What happens at the Initial Pretrial Conference?

The Initial Pretrial Conference (IPTC) is a court setting to review the status of your case with the court. The court will ensure that both the prosecutor and defense attorney have been assigned and that initial discovery has been provided, including a police report. The court may order that additional information, or discovery, be provided.

Additionally, the court will set your trial date and may set other pretrial hearings. If the county attorney has extended a plea offer to settle the case, you may enter the plea agreement at this court setting. If you enter a plea, the Court will set another court date for sentencing.

9. Why was my hearing vacated?

There are many reasons that a hearing may be vacated. It is important to understand that being vacated is not the same as being dismissed. Vacated cases are often refiled (reactivated). In some cases, the prosecutor vacates the case so that he or she can present it to the Grand Jury for indictment. Other times, they vacate a case simply because they are anticipating that additional charges will be forthcoming and they want to consolidate the matters.

If you are out of custody, you should receive a letter advising of the date of your next court hearing. While your case is pending, it is very important to keep the court and the Public Defender’s Office updated with current contact information.

If you are in custody, you can contact us at 602-506-7711 to confirm that a new court date has been set.

10. Who has a right to file a notice of appeal?

Any defendant whose case went to trial, either before a judge or a jury. Additionally, individuals who have a contested violation hearing.

11. How much time do I have to file a notice of appeal from a Superior Court case?

A notice of appeal must be filed within 20 days of sentencing.

12. Who files the notice of appeal?

If you were represented by the Public Defender’s Office at the trial level, a Public Defender Appellate attorney will prepare and file a notice of appeal.

If you were not represented by a public defender at the trial level, the attorney who represented you should file the notice of appeal.

Occasionally, individuals will file their own notice of appeal.

13. Who has a right to file a PCR (petition for post-conviction relief)?

Any defendant who accepted a plea, went to trial, admitted or contested a probation violation proceeding.

14. How much time do I have to file a PCR?

A PCR must be filed within 90 days of sentencing, or 30 days after an appeal has concluded. You can initiate this process by filing a Notice of PCR with the Clerk of Superior Court.

15. I missed my court hearing, what do I do?

If you missed your court date, contact your attorney immediately.

16. Can I get my attorney right now because I want to get my bond reduced?

Once our office is appointed by the court, it usually takes 5 - 7 days for an attorney to be assigned and to receive your file. Once your attorney is assigned, you can call and discuss the possibility of modifying your release conditions. You will have to discuss some specific details of your case and situation before your attorney can tell you if it appropriate to file the motion.

It is important to know that modification of release conditions is not appropriate in every case. Also, it can take several weeks for the court to address release conditions, as your attorney must file a written motion and the prosecutor is allowed time to respond.

17. How often should I expect to hear from my attorney?

Your attorney is working on your case, and you can expect to hear from him or her periodically throughout the pendency of your case. He or she will contact you when there are any updates or changes to your case.

Your attorney will also make arrangements to have more detailed conversations with you when decisions need to be made regarding your case. To assist, please make sure your attorney always has your current contact information.

Finally, you should make sure you are always aware of your next court date.

18. I was told my case was “Scratched.” What does that mean?

Cases are sometimes “scratched” or “vacated” at the preliminary hearing stage. This may mean that the formal charges were not filed or that the prosecutor has chosen to take the case to the grand jury.

The charges may be re-filed.

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Public Defender - Courts & Case

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1. What do I need to remember about court hearings?

You must appear in court for all your court hearings unless told otherwise by your lawyer. It can take several months for a case to move through the court system. During that time, it is important for you to keep in touch with your lawyer and to make all court appearances until your lawyer tells you that your case is over.

You can help your lawyer by:
- Being on time for court
- Coming to court prepared with any questions you have for your attorney
- Wearing appropriate clothing

2. What is an initial appearance?

The initial appearance is your first step in the criminal justice system. At this appearance you will be:
- Informed of your charges
- Appointed an attorney if you are unable to afford to retain the services of a private attorney
- Advised of your next court date and court location

3. What happens at a preliminary hearing?

Preliminary hearings occur for persons accused of committing a felony through a direct complain, instead of an indictment. We have a helpful document that gives a full overview of preliminary hearings.

Preliminary Hearing Overview.

4. Does a preliminary hearing still occur if I received an indictment?

If you received an “indictment” on a felony offense, you will not have a preliminary hearing. Instead, the Grand Jury has already found probable cause to charge you. Your next court date will be for an arraignment.

5. What occurs at an arraignment?

Arraignments are held in Superior Court. At the arraignment, the Court will enter a “Not Guilty” plea on your behalf and will ensure that you have an attorney representing you on your case. If the Court determines that you cannot afford to hire an attorney, one will be appointed to assist you and you will receive instructions on how to contact your assigned attorney. The Court will also assign your case to a judge and set your upcoming court dates.

The next court date is an Initial Pretrial Conference.

6. What do I need to know about plea agreements?

Under the law you are presumed innocent until proven guilty.

A plea agreement is an agreement you enter with the State, with the acknowledgement and assistance of your attorney. Typically, plea agreements offered by the prosecutor will give you a better sentence than if you went to trial and lost. The decision to plead guilty is entirely up to you. By pleading guilty you give up several rights, including your right to trial. It is important to review the entire plea agreement with your attorney and that you understand the consequences of the entering into the agreement before you sign it and before you enter it in court. If you have any questions about the plea agreement, be sure to discuss them with your attorney.

Please note that even though you sign a plea agreement with the prosecutor, the judge is not required to accept the terms of the agreement.

7. How many different kinds of pretrial hearings are there?

The Court may set a number of pretrial hearings before your case proceeds to trial. The settings may include:
- Comprehensive Pretrial Conference (CPTC)
- Hearings on motions filed by the attorneys
- Initial Pretrial Conference (IPTC)
- Settlement Conference
- Status Conference
- Trial Management Conference

8. I'm not sure I understand the purpose of the trial after all these hearings. What happens at a trial?

A trial is a court proceeding where the prosecutor must prove “beyond a reasonable doubt” that you committed the crime charged. Your attorney will have an opportunity to cross examine the prosecutor’s witnesses and to present witnesses and evidence to tell your story. Felony trials are heard by a jury unless you, your attorney, and the prosecutor agree to have your case presented to a judge.

9. How does sentencing occur, and when?

If you enter into a plea agreement or if you are found guilty after trial, you will be scheduled for sentencing approximately one month later. Before the sentencing date, you will meet with a probation officer who will prepare a report for the judge. The report will include a recommendation for your sentence. You should discuss this process with your attorney before you meet with the probation officer. In addition, provide your attorney with letters of support, personal references and other information that could motivate the judge to look more favorably upon you at your sentencing.

At sentencing, your attorney will have the opportunity to speak on your behalf. You also will have the chance to speak to the judge. If you want anyone else to speak on your behalf at sentencing, let you attorney know in advance of the hearing. Those who cannot attend sentencing can submit a letter on your behalf. The letters may be addressed to the sentencing judge, but should be sent to your attorney so the attorney can review them and submit them to the Court on your behalf.

10. Can I appeal a decision on my case?

If you are convicted after a trial and wish to appeal your case, you will have the right to file an appeal. Discuss this with your attorney prior to sentencing. If you wish to appeal, your attorney will arrange to have a notice of appeal filed within 20 days after you are sentenced.

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Public Defender - Non-Criminal Matters

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1. Looking for a General Durable Power of Attorney?

A generic Power of Attorney form is available at this link General Durable Power of Attorney.  This form was prepared by Community Legal Services and we have been given permission to share it with clients who have expressed a need for such a form.  Some clients may want to use this form to work with others to handle non-criminal matters impacting their lives.  Please note that the MCPD does not take any responsibility for its contents or for any consequences that may result from a client or a client's family member(s) using this form.  It is merely provided as a convenience for individuals seeking a power of attorney form.

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Public Defender - Office FAQ

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1. What does the Public Defender's Office do? Who established it?

The Maricopa County Public Defender’s Office represents people charged with criminal acts and those facing mental health commitments. The Office was established by the Maricopa County Board of Supervisors as authorized by A.R.S. §11-581. (Public Defender Enabling Act).

2. What is a Public Defender?

A public defender is an attorney who represents people charged with criminal offenses or mental health clients who are held involuntarily and who cannot afford to hire a private attorney.

Like any other attorney, a public defender has graduated from an ABA accredited law school, has passed the Arizona bar exam, and has a license to practice law.

Public defenders are trained carefully through our office’s training program and are required to complete continuing legal education classes each year. In addition, they attend local and national conferences to keep themselves current in the law and to sharpen their trial skills.

3. How do I get a Public Defender?

Before a public defender can represent an individual, the court must determine that the person cannot afford to hire an attorney. Once that determination is made, the court must appoint a public defender to the case.

If a conflict of interest exists that prevents the Public Defender’s Office from representing you or if the Office has reached its maximum caseload, the court may appoint the Legal Defender’s Office, the Office of the Legal Advocate, or an attorney from the Office of Public Defense Services to represent you.

4. How can I best assist my attorney once I have one?

It takes time, sometimes several months, for a case to move through the courts. During that time, you can do many things to assist your attorney in working on your case. These include:
- Be on time for court and other legal appointments. If you are delayed for any reason, call your attorney.
- Do not discuss your case with anyone other than your attorney or our office staff. Since anything you say may be used against you in trial, you should not discuss the case with family members, friends, other inmates, detention officers, probation officers, in person or on the telephone.
- Dress appropriately for court.
- Give your attorney copies of all relevant documents.
- Give your attorney a list of possible witnesses.
- Maintain regular contact with your attorney.
- Provide current contact information. Give your attorney your home and work addresses, your home, work, mobile, and message phone numbers, and let your attorney know immediately if any of these change.
- Remember that all personal telephone calls made from the jail may be recorded.

5. What decisions do I make for my case?

The client always gets to decide:
- Whether to go to trial or to take a plea agreement
- Whether or not to testify
- Whether or not to appeal after being convicted at trial

The lawyer is responsible for making strategic decisions, such as:
- Which motions to file
- Whether to object in court
- Which witnesses to call

6. How and when can I contact the Office of the Public Defender?

Our office is open Monday - Friday from 8 a.m. - 5 p.m., except on holidays.

To contact the office by mail, send letters to:
Office of the Public Defender
620 West Jackson Street
Suite 4015
Phoenix, AZ 85003

To reach the office by phone, call 602-506-7711.

7. Why do I have to be careful about who I talk to, and what I discuss with them?

Please remember that anything you say to the police, to family members or to others could be used against you in court. Therefore, do not discuss your case with anyone except your attorney or our office staff.

Always remember that you and your attorney are partners working for the best possible result for you. If you would like the attorney to discuss your case with family members, you must give the attorney permission to speak with them.

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Public Defender - Restoration of Rights

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1. What rights are lost when a person is convicted of a felony?

A felony conviction suspends a person's civil liberties. The person loses the right to:
- Hold public office of trust or profit
- Possess a gun
- Serve as a juror
- Vote

A felony conviction may also prevent a person from obtaining business and professional licenses, government secured loans and housing.

2. Can a person restore their civil liberties?

A person's civil liberties may be restored. A person with only one Arizona felony conviction, whose civil rights were lost or suspended, had their rights automatically restored upon completion of a term of probation, or receipt of an absolute discharge from imprisonment if the person paid all imposed fines or restitution. However, this does not apply to the right to possess a weapon. To restore the right to possess a weapon the person must file an application with Maricopa County Superior Court.

A person with two or more Arizona felony convictions must file the applications to restore their civil liberties with Maricopa County Superior Court. A separate application will be required for each felony criminal case. For more information or to access the applications, please visit the Maricopa County Superior Court Website.

3. What if my felony conviction was in another state?

A person wishing to restore their civil liberties must do so in the state in which the felony conviction occurred. Many states automatically restore a person's civil liberties upon completion of probation or discharge from the department of corrections. A person should contact the state in which the conviction occurred to obtain information regarding the restoration process.

4. What if I was convicted of a felony in federal court?

A person convicted of a felony in federal court may apply to restore their civil liberties in the county in which they currently reside. However, the state may not restore the person's right to possess a fire arm or have their judgment of guilt vacated/set aside.

5. How do I know if I am eligible to restore my rights?

If you only had one Arizona felony your rights were restored upon completion of probation or absolute discharge from the Department of Corrections as long as all fines and restitution were paid. However, to ensure that the court informs the elections office that you are eligible to vote you should file an application to restore your civil liberties. Also, the court will not set aside a judgment of guilt without an application.

If you have two or more felonies in Arizona you may apply to restore your civil liberties upon completion of probation or two years from your absolute discharge as long as all your fines and restitution were paid.

For more information on applying to restore your civil liberties, please visit the Maricopa County Superior Court Website.

6. What is setting aside judgment?

Upon completion of probation or sentence and discharge by the court a person may file to have their judgment set aside. Setting aside a judgment releases the citizen from all penalties and disabilities resulting from the conviction.

Setting aside judgment does not seal or expunge ones record. The record is still accessible to the public. However, the record will have a notation stating that the judgment has been set aside. Some employers are more likely to view the setting aside of a judgment favorably. The setting aside of a judgment lets the employer know that the court is satisfied that the person has been rehabilitated.

The setting aside of judgment does not apply to Department of Motor Vehicle records or Game and Fish. A felony that has been set aside may be used at a subsequent trial as a prior felony conviction. Persons convicted of criminal offenses involving infliction of serious physical injury, exhibition or use of a weapon, sexual motivation or a victim under fifteen may not have their judgment vacated.

7. Where can I get an application?

You may pick up an application in person at:
201 West Jefferson Street
Phoenix, AZ, 85003

or

222 East Javelina Mesa, AZ, 85210

Carefully read over the form to ensure you know what information the form is requesting.

In addition, the form may be accessed under "Restoration of Civil Rights" on the Maricopa County Superior Court Website.

8. Where do I get a copy of my Absolute Discharge?

To assist citizens in procuring Certificates of Absolute Discharge, we have compiled a helpful guide.

9. Once I complete the application to receive a copy of my Certificate of Absolute Discharge, then what?

After making a copy of the completed application and absolute discharge (if you were sentenced to the Department of Corrections), file the documents at the Court Clerk's desk marked criminal at:
Superior Court of Arizona, Maricopa County
201 West Jefferson
Phoenix, AZ 85003

or

Maricopa County Superior Court
222 East Javelina Avenue
Mesa, AZ 85210

The Court will send you written notice of whether your request was granted or denied. It may take 90 days or more to get your notice. If the court denies your application the court will provide you with the reason for the denial. You may file an application for reconsideration.

10. My Felony was dropped to a Misdemeanor, but background checks are still showing that I have a felony. Why?

For more information on why this occurs and how to resolve it, we have provided a helpful guide.