A public defender is a criminal defense attorney who exclusively represents court-appointed clients who are accused of committing a crime and have been determined to be indigent by a court.
“Indigent” means someone without the ability to pay for an attorney to represent him/her. The court will have him/her complete a simple form with information about his/her income and expenses to establish whether he/she is indigent. If the court determines he/she is indigent, then he/she will qualify to have a public defender or other court-appointed attorney to represent him/her.
The prosecutor represents the State of Texas in each criminal case and decides whether to move forward with charges and what plea bargain to offer (if any). In a jury trial, the prosecutor must prove an accused person is guilty beyond a reasonable doubt to seek a conviction. The public defender represents the person accused of committing a crime. The public defender assists the accused person in understanding the charges against him/her and the criminal court process. The public defender’s job is to help each client obtain the best possible outcome in his/her case. Conversations between a public defender and his/her client are strictly confidential.
Both public defenders and private criminal defense attorneys are attorneys who have graduated law school and are licensed to practice law. Private criminal defense attorneys work by themselves or in a law firm and can be hired to represent an accused person in his/her criminal case. Some private criminal defense attorneys also practice other areas of law, such as family law. Full-time public defenders exclusively represent indigent clients who qualify for court-appointed counsel. They do not accept any money from clients.
No. Many counties do not have a Public Defender’s Office. Even in counties that do have a Public Defender’s Office, there are times when the Public Defender’s Office is at capacity or has a conflict of interest with a certain case. In those cases, the court will appoint a private criminal defense attorney to represent the accused person, usually from a list (or “wheel”) of local attorneys who are willing and qualified to accept court-appointed criminal cases. Just like with a public defender, the client does not pay any money to the court-appointed attorney for the representation.
Court appointed attorneys will be determined by the court. The court will have you complete the documentation to establish whether you are indigent. Once the court determines your status, you may have a court appointed attorney represent you.
If your attorney is a public defender, your attorney will let you know he/she works for the CVPDO.
The CVPDO handles any case where the accused person is at risk of incarceration (meaning jail or prison time), including Class A and B misdemeanors, felonies, and juvenile delinquency cases. In addition, the CVPDO will represent clients on appeals. The CVPDO does not handle death penalty cases or Class C misdemeanors.
A misdemeanor is a less serious criminal offense than a felony. Class A misdemeanors are the most serious level of a misdemeanor and carry a punishment range up to one (1) year in jail and/or a fine of up to $4,000, or probation with a wide range of conditions. Class B misdemeanors carry a punishment range up to six (6) months in jail and/or a fine of up to $2,000. Class C misdemeanors, such as traffic tickets, are the least serious level of misdemeanor and carry a punishment range of a fine of up to $500.
A felony is a more serious criminal offense than a misdemeanor. Capital felonies are the most serious level of felony and carry a punishment of death or life in prison without parole. First degree felonies carry a punishment range from five (5) to ninety-nine (99) years or life imprisonment in a state prison and a fine of up to $10,000. Second degree felonies carry a punishment range from two (2) to twenty (20) years in prison and a fine of up to $10,000. Third degree felonies carry a punishment range from two (2) to ten (10) years in prison and a fine of up to $10,000. State jail felonies are the least serious level of felony and carry a punishment range from one-hundred eighty (180) days to two (2) years in a special prison facility called the state jail and a fine of up to $10,000.
When a prosecutor wishes to move forward on a felony case, he or she must present the case to a Grand Jury, who then determines whether probable cause exists to believe the accused committed the alleged felony offense. The Grand Jury is a group of twelve local citizens selected to serve as grand jurors. Unlike the jury at a jury trial, the Grand Jury proceedings are secret and closed to the public. If the Grand Jury decides that probable cause does exist, it returns a formal charging document called an indictment. If the Grand Jury decides that probable cause does not exist, that is called a “no bill.” Probable cause is a much, much lower standard than beyond a reasonable doubt, and an indictment does not mean that an accused individual is guilty.
The Complaint and Information are the formal charging documents in a misdemeanor case. The Complaint is a sworn statement by a credible individual stating the accused person committed a criminal offense. The Information is a document signed by the prosecutor and filed with the court as the official charge against the accused.
Discovery is the evidence the State has in the criminal case. Discovery may include photos, videos, lab results, offense reports, witness statements, physical evidence, etc. There are federal and state constitutional and procedural requirements and guidelines the prosecutors must follow in providing the discovery to the defense counsel.
A pre-trial hearing is a court hearing that happens before the jury trial. The prosecution and the defense both have an opportunity to file and argue legal motions in front of the judge, who will then make rulings. Some judges may accept plea agreements at pre-trial hearings. The specifics of what happens at a pre-trial hearing are unique to each court and each case. You should speak to your attorney about what to expect at your pre-trial hearing.
A bond is what an arrested person must pay or promise to do to be released from jail until his/her case is finally resolved. Bond is set by a magistrate judge (often a Justice of the Peace, or “JP”) and is based on several factors, such as the nature of the alleged offense, criminal history, ties to the community, etc. Surety bond amounts can be paid in cash or by paying a surety (usually a bondsman) a smaller fee for them to “bond you out” or agree to pay the bond amount to the court if you fail to appear in court as ordered. Personal recognizance bonds do not require an accused (or anyone else) to pay any money. He/she only must promise to appear in court as ordered. The judge can require other conditions of bond, such as drug tests.
Bond may be set or reduced by several factors, such as the nature of the alleged offense, criminal history, picking up a new charge, other bond violation, timing of filing charges, etc.
If you are interested in applying for a position with the CVPDO, please check the Join Our Team webpage for available positions.