The majority of County computer systems have been returned to service; the recovery effort for remaining County computers and servers that require updating to resolve the widespread "CrowdStrike" issue will continue over the weekend and through Monday.
In This Section
No, if you are arrested, you should request to speak to a lawyer before answering questions by law enforcement.
The Public Defender Office is appointed by the Court. If you are charged with a crime and cannot afford to hire an attorney, ask the Court to appoint a public defender at your first appearance. You will be asked to submit a financial declaration to determine your eligibility for appointed counsel. At the conclusion of a criminal case, the Court might require clients to reimburse the County for the services provided. Only people convicted are required to reimburse the County. The amount is determined by their ability to pay.
Yes, all public defenders are duly licensed lawyers authorized to practice law. The Fresno County Public Defender Office is widely recognized as having highly skilled trial lawyers. Experienced trial lawyers can become certified by the State Bar as Criminal Legal Specialists. Our office has more Criminal Legal Specialist than any other public defender office in California.
In 1963, the United States Supreme Court ruled that indigent defendants are entitled to court appointed counsel. Gideon v. Wainright. In order to comply with this mandate, Fresno County established the Public Defender Office. Additionally, the State of California also contributes funding for certain types of cases.
If formal charges are filed against you, an arraignment will be scheduled. This is the time and place to request a public defender. A copy of the charges will be given to your attorney. Expect to have a plea of “not guilty” entered on your behalf and future dates will be scheduled.
The arraignment is not the time to present evidence; however, the Court will decide your custody status. The judge will listen to argument, and then determine whether to set bail or release you on your own recognizance or pre-trial services. Here are some factors the Court will consider:
A bench warrant is issued by a judge when a person fails to appear in court. Police will attempt to execute the warrant by arresting the individual. If you have a bench warrant, you need to contact your attorney as soon as possible.
When a noncitizen of the United States is charged with a state crime, and our office has been appointed, our attorneys will provide information on the potential immigration consequences. An assessment of the potential immigration consequences depends upon a variety of factors, and requires detailed information about the client’s immigration and criminal history. Through negotiations with the prosecutor, public defenders will attempt to obtain an immigration-neutral plea and sentence.
Additionally, our office assists eligible clients with requests for post-conviction relief to overcome a criminal bar to an immigration benefit, or relief from removal. Many forms of relief are available through our Clean Slate Program. Other relief requires a more complex analysis and is generally not offered without a court appointment.
Courts do not appoint the Public Defender Office solely to provide immigration advice. Thus, our office does not give advice on immigration law to individuals who are not our clients. There are a number of free or low-cost screening and other consultations available in the Fresno area. Spanish speakers may access the list through this link: Central Valley Immigration Integration Collaborative Legal Services Directory Spanish
Public defenders advocate for dismissals, but only prosecuting attorneys and judges can dismiss cases. Additionally, a complaining witnesses’ desire to proceed with the case is not controlling. Cases are filed in the name of the State of California, and not in the name of the complaining witnesses.
The prosecutor will attempt to prove guilt beyond a reasonable doubt, while your attorney will attempt to raise a doubt that the charges are true. Evidence at trial includes the following: witness testimony, pictures, blood analysis, video and audio recordings, social media postings, cell phone forensics, DNA, etc. A verdict must be unanimous. Through your lawyer, you will be able to question the witnesses against you and present evidence on your own behalf at no cost to you. Most trials are decided by a jury, but some are decided by a judge alone.
A sentencing hearing will take place only if you are found guilty or you agree to plead no-contest. The court proceeding is handled by the judge, who will use the recommendations of the probation officer, the prosecutor and your lawyer, to decide what sentence to impose. You have the right to speak at your sentencing hearing and present mitigating evidence.
No, the parole authorities, not the courts, authorize early release under Proposition 57. As a result, we are unable to assist people in those proceedings.