FAQs

No. As a matter of law, in most circumstances, attorneys from the Public Defender's Office cannot provide legal assistance or advice to any person not appointed by the Court. There are strong public policy reasons for not providing legal advice outside of the attorney-client relationship. After the Public Defender's Office has been appointed to represent you, an attorney from the Office will be more than happy to discuss the facts of your case, and any possible legal defenses. If you are out of custody, it is important that you schedule an appointment to discuss your case with the attorney who has been assigned to represent you. You may schedule an appointment by calling (530) 245-7598.

No. The police rely upon the moral belief that "if one does not have anything to hide, one shouldn't object to being searched." Although this may be an admirable moral belief, it is, in reality, contrary to an individual's constitutional right to privacy. In addition, once you give consent for the police to search, you have waived your constitutional and statutory rights to privacy, including the right against unreasonable search and seizure. The decision to consent to a search by the police is a personal one, and you should carefully weigh all of those factors that are important to you before making such a decision.

Contact the Shasta County Superior Court at (530) 245-6789. If you discover that a warrant exists, ask the court what steps are required of you to clear the warrant from the system and get the criminal case heard by a judge.

If you have been arrested for a crime allegedly committed in Shasta County and remain in custody, you will be brought to court, usually within 48 hours of your arrest. If you were released from custody before appearing in court, you were given a date, time and place to appear in court for the first time.

The first time you appear in court is called an arraignment. When you appear in court for your arraignment, you will be asked by the Court if you want to be represented by an attorney.

If you say yes, the Court will ask you if you can afford to hire an attorney with your own money (sometimes you are asked this question by a Court Collections Officer before the judge takes the bench).

If you say no, the Court will appoint the Public Defender's Office. A Deputy Public Defender who handles arraignments will accept the appointment on behalf of the Office. However, the Deputy Public Defender who appears at your arraignment may not be the attorney assigned to represent you.

Once your case is opened by the Public Defender's Office, a Deputy Public Defender will be assigned to represent you by an administrator from the Public Defender's Office.

Call the Public Defender's Office at (530) 245-7598, or visit the public access window at the Public Defender's Office at 1815 Yuba Street, Redding. Once you provide certain information to the Receptionist, he or she will be able to tell you which attorney has been assigned to your case. It is important to remember that the Deputy Public Defender who was present during your arraignment may not necessarily be the Deputy Public Defender who is assigned to represent you. It takes approximately two (2) court days from your arraignment for your case to be assigned to a Deputy Public Defender.

The attorney-client privilege concerns all confidential communications between attorney and client, as well as any person hired or professionally consulted by the attorney. Thus, investigators, experts, and others necessary to competently represent a client are covered by the attorney-client privilege. Disclosure is not an option; the privilege is sacrosanct. But, the privilege can be pierced if the client fails to keep it confidential. Remember the old saying, "Loose lips sink ships".

Many clients don't initially understand why his or her girlfriend or boyfriend or family member cannot sit in on a conversation with his or her assigned attorney. This is not permitted by the attorney in order to preserve the attorney-client privilege. Likewise, nothing about the conversation can be repeated to a third person (i.e., a person who is not critical to the case) that was discussed between the client and the assigned attorney without potentially waiving the attorney-client privilege.

The easiest way to envision this is to think about a priest. What you tell a priest in confession is, literally, between you and that priest. The same theory holds true for an attorney.

Proposition 36, or P36, is a voter-approved initiative that puts an emphasis on drug rehabilitation, not incarceration. The entire purpose behind P36 is to therapeutically treat those who have a drug addiction rather than fill-up our jails and prisons. Thus, P36 is a drug treatment alternative to custody.

The People are called the "Plaintiff," and anyone opposing a plaintiff is called a "Defendant." In civil cases, the parties may sometimes be known as "Petitioner" and "Respondent," or "Plaintiff" and "Defendant," depending on the type or character of the civil proceedings. These legal terms have been used since the early Greek and Roman judicial systems.

Yes. The Public Defender, Assistant Public Defender, Senior Deputy Public Defenders and Deputy Public Defenders are all lawyers licensed through the State Bar to practice law in the State of California.

If the court issues a "holding order," in most cases, the defendant will be immediately arraigned on what is called an Information -- this is just a fancy word for the charging document (i.e., the document that lists those specific crimes for which you are being charged). If the defendant is not immediately arraigned, he or she will be required to come back to court within fifteen (15) days to be arraigned on an Information that the prosecutor must prepare and file with the court.

Once the defendant is arraigned on an Information, the case is set for trial. Generally speaking, the trial must start no later than sixty (60) days from the date of the arraignment on the Information, although felony cases frequently require more time so that the assigned Deputy Public Defender can properly prepare for trial, including receipt of a thorough investigation conducted by the Investigation Unit, if an investigation is warranted, consulting with an expert witness, if necessary, and sifting through all of the physical evidence the prosecutor may want to present at trial.

Where legally and ethically permissible, the assigned attorney may make various pre-trial motions in order to get the case dismissed, such as a motion to have certain evidence thrown out of court (or suppressed) because the police acted improperly when seizing it, or a motion to dismiss because the evidence presented at the PX was insufficient to support the "holding order." The assigned attorney might also file motions to force the prosecutor to disclose other items of evidence that may be helpful in proving the defendant is not guilty of the charged crime(s).

While the case is ongoing, the defendant may decide that he or she does not want to go to trial, but instead wants to settle the case. Just as often, the prosecutor might offer the defendant a settlement, referred to as a "plea bargain," to settle the case for a less serious charge, or agree to ask for reduced jail time at sentencing.

Settlement of a criminal case may occur at any time, from arraignment up to, and even during, trial. Case settlement usually involves the defendant pleading "guilty" or "no contest" for an agreed sentence, or to a particular charge, with the dismissal of another charge(s).

Another kind of "settlement" may be possible in cases involving a first-time non-violent drug offense. A defendant charged with a first-time drug offense (only certain drug crimes are eligible) can seek to be referred to a drug education program called "Deferred Entry of Judgment--DEJ," or often called drug diversion; this is not a drug rehabilitation program where treatment is core concern. If a defendant successfully completes all required drug education classes, he or she can have the criminal case dismissed. To participate in a DEJ program, a defendant must plead "guilty" to the charge. If a DEJ case is ultimately dismissed, the defendant may also petition the Court to have his or her criminal drug case SEALED (Penal Code §851.90), which is an order to remove or erase from public view or exposure any record related to the arrest and court proceedings.

Defendants not eligible for DEJ or drug diversion based on one or more prior drug convictions may, nevertheless, be eligible for drug treatment for non-violent drug possession offenses. This rehabilitation program is called Proposition 36 (P36) which favors long-term drug treatment as an alternative to jail. P36 is a drug rehabilitation program, not a drug education program. You may plead "no contest" to accept P36, or you may choose P36 treatment after a trial.

[This is just a brief overview.] A misdemeanor is defined as a crime that is punishable by fine and/or imprisonment in a County jail for not longer than one (1) year.** Some misdemeanors are punishable by no more than six (6) months in the county jail, and yet a few others limit jail time to no more than ninety (90) days. Most misdemeanor cases start with an arrest. However, unlike a felony arrest, most persons arrested for a misdemeanor are detained for a short period of time before they are released after signing a written promise to appear in court (similar to a traffic ticket). Those persons not released on a written promise to appear are usually released by the jail after the booking process has been completed using the same general release procedure: a written promise to appear, called an own recognizance ("O.R.") release.

A report alleging criminal conduct is prepared by a law enforcement agency and submitted to the prosecutor who determines what, if any, criminal charge, will be filed. Occasionally, instead of filing a misdemeanor criminal charge, the prosecutor may choose to file a complaint alleging an infraction. A person accused of an infraction cannot be sentenced to jail, and is subject to a fine only.

Any person who has been arrested and then released from custody on a written promise to appear must appear in court on the date and time listed on the citation or O.R. form. Failing to appear in court can, and usually will, result in a new criminal charge (called a failure to appear) being filed, whereafter an arrest warrant will be issued by the Court. Unfortunately, it is NOT an excuse to miss court, or be late for court because of work, day care issues, oversleeping, school, having a sick child, etc.

It is not uncommon for a person to be arrested on a misdemeanor charge, only to appear in court and find out that no charges have yet been filed by the prosecutor. In these circumstances, criminal charges may never be filed because the prosecutor believes that there is insufficient evidence to prove a crime occurred beyond a reasonable doubt. In other instances, criminal charges are still being evaluated by the prosecutor, and, as such, the person may be asked to voluntarily return to court on a later date (usually somewhere around thirty (30) days). If the person agrees to voluntarily return to Court, he or she will remain free from custody on the written promise to appear or O.R. If the person doesn't voluntarily agree to return to Court, he or she will be released by the Court, however, if the prosecutor later decides to file a criminal charge, one of two things will occur: (1) the person will be sent a surrender letter to turn himself or herself into the jail for booking and release, or (2) an arrest warrant will be issued by the Court.

If a misdemeanor case has been filed by the prosecutor, the first step in the process is the arraignment – this is where you may ask for an attorney.

Caution: There are a lot of cases heard in the misdemeanor courts every week. Arraignment proceedings move very fast. A person should never be scared or intimidated to ask the Court to appoint the Public Defender's Office so that you can speak to the Deputy Public Defender present in court handling the arraignment calendar before you make a decision on whether or not it is in your best interest to accept the prosecutor's settlement offer. If the defendant wants to accept the prosecutor's offer, great: enter a plea in open court and, in a short while, the case will be done. However, a prudent defendant is a cautious person. Because a criminal record can have unintended and unknown consequences, before entering any type of plea in a criminal case, a defendant is always better served in consulting, at a minimum, with an attorney first.

** Effective January 1, 2015, a sentence of one (1) year in the county jail requires that one serve only 364 days, not 365 days. This change in the definition of what constitutes a "year" for confinement purposes was adopted by the California Legislature to shield some documented immigrants from discretionary deportation, exclusion from the United States, or denial of citizenship. See Penal Code §18.5.

Maybe. A defendant can tell the court that he or she wants a court trial, also called a "bench trial," however, if the prosecutor objects, a jury trial will be required. A court or bench trial simply means that the judge acts in the place of a jury as the "trier of fact." Although some believe that it's unfair that the prosecutor can, in essence, 'veto' a defendant's request for a court or bench trial, there are important constitutional principles involved. The California Constitution guarantees the right to a jury trial to all parties. It would be unfair to deny the prosecutor a right to a jury trial if he or she felt it was in the best interests of the People of the State of California.

Prior to the scheduled preliminary hearing (PX) in a felony case, the defendant (a person charged with a crime) will be required to appear in court for a 'plea disposition,' known as 'PD' in many legal documents. The PD is the where your assigned attorney and the prosecutor meet with a judge (in his or her chambers--a fancy way of saying office), along with a Probation Officer (in a felony case), to discuss the criminal charge(s) to see if a plea bargain can be reached by everyone involved. Although the defendant is sitting in court during these "chamber" discussions, he or she will not actually be present in the Judge's chambers. If the case does not resolve at the PD, the case will continue to the preliminary hearing, known as 'PX' in many legal documents.

A preliminary hearing (PX) is a court proceeding where the prosecutor presents evidence to convince a judge that there is reasonable cause to believe a felony crime has been committed, and the person charged is the one who committed it. The PX is not heard by a jury; and, at this point in the criminal process, the prosecutor does not have to prove the commission of a crime 'beyond a reasonable doubt.' The standard of proof at a PX is a 'strong suspicion.' The primary purpose of the PX is to weed out charges that cannot be supported by competent evidence. At a PX, the prosecutor may use police officers to present the statements of victims and witnesses to convince the judge that there is enough evidence to justify a trial (this is called a "holding order"). Because the threshold required to get a "holding order" is low, the vast majority of defendants charged with a felony crime are bound over for a jury trial.

Understandably, the PX can be terribly frustrating for a defendant who wants to aggressively "fight" his or her charge(s) now, rather than wait until a trial. Unfortunately, this is not always possible, nor even wise. However, it is always important to remember that delaying a vigorous defense does not mean defeat. An effective and thorough legal defense takes time to prepare, and is always worth the wait.

This is much like a plea disposition (PD). It is a chance for the attorneys to get together with a judge, and a probation officer for a felony charge, to determine if some type of settlement (plea bargain) can be reached without going to trial. By this time, more detailed information about the criminal case has been developed by the attorneys (usually through independent investigations) and a more in-depth, detailed conversation will occur about the relative strengths and weaknesses of the case. In many cases, the judge will give a neutral opinion about the strength or weakness of the case which assists the attorneys in determining the pro's and con's about actually going to trial or settling the criminal case.

The Public Defender's Office represents adults and juveniles charged with misdemeanor and felony criminal conduct, as well as any alleged violation of the terms and conditions of supervision. The Public Defender's Office cannot legally represent anyone accused solely of an infraction (i.e., most traffic violations, many municipal code violations, or any other violation that is not punishable in a jail). The Public Defender's Office also represents anyone subjected to civil proceedings seeking to terminate his or her parental rights under the Family Code, or under the Sexually Violent Predator (SVP) Act, Mentally Disordered Offender (MDO) Act, Latterman-Petris-Short (LPS) Act, as well as anyone subject to an involuntary mental health commitment or commitment extension.

This may be a simple question, but, unfortunately, it doesn't beget an easy answer. The easiest answer is that most of those persons arrested for drug related offenses may be eligible for P36 drug treatment. However, there are far too many legal variables to the question which makes a succinct or simple answer fairly difficult. Suffice it to say, any defendant appointed to the Public Defender's Office who qualifies for P36 drug treatment is so advised. The assigned attorney will carefully explain all of the eligibility requirements involved with a grant of P36, and, if P36 is an available alternative, the assigned attorney will further explain the benefits that attach to the successful completion of P36 drug treatment program.

The criminal justice system is very complex. There are numerous pit falls that can come back to haunt even the most sophisticated defendant who is not trained in or who does not understand the complexities of our legal system. This is what an attorney is trained to do. He or she has many years of schooling and courtroom experience to spot critical issues in a criminal case, identify possible defenses, explain weaknesses in the evidence, determine whether or not the police may have violated the constitution, and provide sound advice about the future consequences of entering a plea. Use this expertise to guide your decisions.

The ultimate decision about what to do with a case rests squarely in the lap of the defendant. Although the defense attorney will determine what legal strategies to use, the defendant, and only the defendant can determine whether or not to have a trial, or whether he or she will accept a plea deal and enter a plea of guilty or no contest.