Legal Question in Criminal Law in California

If someone requires the assistance of a public defender, does he/she have to wait until arraignment to be assigned an attorney? I ask because the defendant is already in custody in another county. The upcoming arraignment in a different county involves serious charges, possibly resulting in a life sentence. Is there any way to get an attorney or any legal advice on the case, other than retaining private counsel?


Asked on 7/03/13, 4:17 pm

3 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The right to counsel "attaches" when adversarial judicial proceedings have begun, in other words, when formal charges are filed. This usually occurs on the day of arraignment.

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Answered on 7/03/13, 4:44 pm

One usually gets a public defender at the first appearance in court.

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Answered on 7/03/13, 9:47 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

But it doesn't hurt to ask before the arraignment.

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Answered on 7/03/13, 11:17 pm


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