Overview
When someone is charged with a crime and at risk of jail time, that person has several rights in the criminal justice system. The Office of Public Defense Services (OPDS) has provided the following summary of the rights a defendant has in the system for the purposes of legal education only. OPDS cannot give legal advice and all situations are different. If you have questions, please contact an attorney.
Right to Counsel
You have the right to have an attorney represent you. If you can't afford to hire an attorney, the court will appoint a lawyer to represent you. To qualify for appointed counsel, you may need to complete a financial affidavit. BE HONEST AND COMPLETE WHEN YOU FILL OUT THE FINANCIAL AFFIDAVIT. You will be signing "under penalty of perjury," which means it is a crime to lie.
Stages of a Criminal Case
These stages vary case by case and county by county, this is a general list to give you an idea of the criminal process
- Fill out the financial affidavit
- Initial appearance and Arraignment
- Meeting with Attorney / Discovery Review / Case Planning / Investigation
- Settlement Negotiations
- Case Resolution / Trial / Sentencing
- Post Resolution Issues
Do not discuss your case
Everything you say to your attorney is completely confidential. Do not discuss your case with any law enforcement officers. If they try to talk to you, tell them that you want your attorney there.
DO NOT DISCUSS YOUR CASE WITH OTHER INMATES, INCLUDING YOUR CELLMATES. The jails are full of people who might use your information against you. Do not discuss the case with friends or family. Jail phone calls and social visits may be recorded. Other people can be required to testify about what you say to them.
Your own attorney, and people working for them, are the only ones you should talk to about your case.