It's best to have a skilled attorney guide you through the criminal justice process. In the words of the United States Supreme Court: "Lawyers in criminal courts are necessities, not luxuries." (Gideon v. Wainwright (1963) 372 U.S. 335, at 345.) Having an attorney is so important that, if you're accused of a crime and can't afford to hire a private attorney, the court will appoint a Public Defender attorney to represent you. A criminal conviction can result in jail, prison, fines, or fees. Additionally, a criminal conviction can affect a person's immigration situation, employment opportunities, voting rights, firearm rights, access to student loans, public housing, and ability to get a professional license. There is often a lot at stake when you're accused of a crime. Talking to an attorney is the responsible thing to do.
A “public defender” is a licensed attorney who works for the Office of the Public Defender. When the court appoints the Public Defender to represent an accused person, we assign a defense team, including an attorney, to represent that person and support them in reaching the best outcome. A Public Defender attorney has the same obligations as a private attorney to zealously defend each client, maintain client confidences, and provide skilled representation. The Santa Clara County Public Defender recruits talented, skilled defenders who are dedicated to providing exceptional, client-centered defense. Our lawyers, investigators, social workers, paralegals, and administrative staff work together to support our clients.
If you cannot afford to hire a private attorney to represent you, the court will likely appoint the Public Defender to represent you at your first court date. An attorney will be there in court to explain the charges against you and advise you of next steps. [We recommend that you don’t speak to the police without an attorney with you.] Although every situation is different, it’s generally best to talk to an attorney before talking to anyone from law enforcement about your case.
At your first court date, a judge will appoint the Public Defender if you are in custody. If you are out of custody, a paralegal in court may interview you about your finances to see whether you qualify for our services, or the judge may refer you to our office for a financial interview and ask you to return on another date. After the interview, we will let the judge know if you qualify for public defender services, and if you do, the judge will appoint the Public Defender.
If you know the name of your Public Defender attorney you can find their contact information on our staff directory. You may have an attorney with the Alternate Defender Office; you can find Alternate Defender attorneys on their directory. If you do not know the name of your attorney, contact our office and ask the person who answers the phone to look up your attorney and provide you with their contact information.
The Public Defender represents adults charged with misdemeanor or felony crimes or violations of probation, parole, or post-release community supervision, juveniles charged with delinquency, and people charged in certain civil matters that put their liberty at stake, such as contempt proceedings and involuntary mental health commitments. We also represent people seeking record-clearance or other post-conviction assistance. The Public Defender does not represent crime victims. The Public Defender does not represent people charged with infractions, which are offenses punishable by only a fine. If you are not sure whether you qualify for the Public Defender, contact us for more information.
The Alternate Defender Office provides representation for defendants whom the Public Defender cannot represent. This may occur, for example, when the Public Defender Office already represents another defendant accused in the same case, or the defendant happens to be a witness against another Public Defender client in a separate case. This is called a "conflict of interest". The Alternate Defender Office provides the same services and approaches their mission in the same way as the main Public Defender Office. The general information provided on the Public Defender Office website applies equally to the Alternate Defender Office. Learn more about the Alternate Defender team.
When both the Public Defender and the Alternate Defender are unable to represent a client because of a conflict of interest, the court will appoint other counsel through the Independent Defender Office. The Independent Defender Office is a separate agency from the Public Defender and Alternate Defender Offices. The Independent Defender Office can be reached at (408) 758-4250.
The Public Defender handles cases ranging from simple misdemeanors to complex felonies, including death penalty cases . We also represent clients in mental health proceedings involving loss of liberty, and children in juvenile justice cases, and we assist with post-conviction relief and record clearance. Learn more about the cases we take.
There can be severe immigration consequences that result from criminal convictions. In fact, the immigration consequences in many instances may be more serious than the criminal consequences.
A criminal conviction, even for a minor misdemeanor or infraction, can result in the following:
- deportation and exclusion from the United States
- denial of naturalization
- ineligibility for various immigration benefits or relief from removal
- permanently barring an individual from lawfully returning to the United States.
Therefore, it is important to obtain legal advice from criminal defense counsel and/or immigration counsel regarding the immigration consequences of any pending criminal matter.
When someone you care about is in trouble, it is understandable to want to help. Since every situation is different, you should start by asking your loved one what they need from you. If the Public Defender represents your loved one, you should know that we have a duty of confidentiality to our clients. We can provide you with some general information about the criminal process and coming court dates, but we cannot talk to anyone about our clients or their cases without permission.
Public Defender defense teams, including attorneys, investigators, paralegals, social workers, and administrative staff, have a duty of confidentiality to their clients. Our attorneys do not talk to anyone about clients or cases without a client specifically giving permission. If your loved one’s attorney will not talk to you about your loved one’s case, it may be because they don’t have permission. You should also keep in mind that an attorney’s first obligation is to their clients, and not to other people who might be interested in talking to them about a case. However, you should expect our staff to return you call and explain these limitations.
To find out whether your loved one is in jail in Santa Clara County, and which jail they are located in, you can use the County's Inmate Locator.
Not in every case, but it might be possible. You can visit the County's No Cost Release page for more information.
You do not have to speak to police, and we generally recommend that you do not without an attorney present. See our Know Your Rights page to learn more about your rights when contacted by police.
To learn more about how to speak to your loved one in custody, go to the Sheriff’s visiting page. We recommend you and your loved one do NOT speak about the arrest or criminal case over the phone or during a visit. Phone calls and visits with people in jail are AWALYS recorded and anything you or your loved one discuss about the case can be used against your loved one in court. It’s not a good idea to discuss what they may know about what happened over the phone, even though you might have lots of questions. Even innocent conversations can be misinterpreted and used to suggest someone is guilty. You can ask your loved one about court date schedules and their attorney’s name.