Frequently Asked Questions

The SF Public Defender's Office wants you to know your rights. Check out this know your rights brochure and share it with your friends and family to spread the knowledge. For more detailed information, we answer your questions on this Frequently Asked Questions page.

What is a Public Defender?

The San Francisco Public Defender’s Office represents individuals charged with criminal (and certain other) offenses who otherwise cannot afford to hire an attorney. All Deputy Public Defenders are lawyers licensed to practice law in the State of California. To become a Deputy Public Defender at the San Francisco Office of the Public Defender, a lawyer must also go through a rigorous interview process so that the Public Defender can ensure that the person has the intellectual ability, legal knowledge, and firm commitment to fight for our clients and practice criminal defense law at the highest level.

Even though public defender lawyers are paid by the government, their duty of loyalty is with each individual client. Deputy Public Defenders take an ethical pledge to assert the constitutional rights of all clients and to work zealously to defend every client.

Deputy Public Defenders work on defense teams that include skilled and experienced investigators, paralegals, social workers, and other support staff.

Who does the San Francisco Public Defender represent? 

We represent individuals charged with felony or misdemeanor crimes and violations of probation and/or parole supervision, young people who have cases in Juvenile Court, individuals who are being involuntarily detained due to alleged mental illness, and immigrants facing deportation. In addition, we handle certain post-conviction cases and expungements to remove barriers to employment, housing and education.

We do not handle civil cases, such as evictions (also called unlawful detainers). Resources for individuals facing eviction can be found here. We also do not represent people charged with infractions, such as traffic tickets.

What should I do if I was arrested or believe I am under suspicion of a police investigation? 

If you were arrested or believe you are under investigation by law enforcement, please contact our Office as soon as possible and ask to speak to an attorney (even if charges have not been filed against you). Talking with an attorney is important so that you can understand your rights. Any consultation about your situation with a public defender will be completely confidential.

It is very important that you do not talk to anyone about your matter, including the police, without a lawyer being present.

How do I get a public defender to represent me? 

At your first court appearance, there will be a Deputy Public Defender assigned to the courtroom, who will assist you. The judge may ask you questions about whether you are financially able to qualify for Public Defender representation or if you are financially able to hire a private attorney.

What can I expect from my public defender? 

We are committed to fiercely defending each individual client with love, compassion, courage, and excellence.​

Communication: Your lawyer will keep you updated on your case and all the important stages and appointments associated with your case. You will find your lawyer’s name and phone number on the court slip that you receive after each court appearance. If you want to talk to your lawyer, please call 415-553-1671. If you have an emergency, or your lawyer does not call you back within two days, you can ask to speak to a supervising attorney.

Privacy: Everything you tell your lawyer, or other members on your defense team (including defense investigators, paralegals, and social workers), is private and confidential and cannot be shared with anyone.

Professionalism: We promise that your lawyer will be fully prepared for all of your court hearings and every time they meet with you. This means that all the important paperwork will be filed and a thorough investigation of your case will take place. Your lawyer will always treat you, your family, and loved ones with respect and dignity.

Accountability: We regularly evaluate our lawyers and staff to make sure that our Office is meeting its high standards of legal representation. We will respond to all concerns or complaints right away. If you have a complaint or a compliment, please ask to speak to a supervising attorney.

What happens after I have been assigned to a lawyer? 

You must remain in contact with your lawyer regularly so they can work with you to prepare your legal defense. Unless your appearance has been waived by the court, you must be present at, and on time for, all court appearances. Please make sure that your lawyer always has up-to-date contact information for you.

Should I discuss my case with anyone other than my assigned lawyer or a representative from the Office of the Public Defender?  

No. It is very important that you do not talk to anyone about your case without your assigned lawyer being present.

If the police contact me, do I have to speak to them? 

No. If you are questioned by law enforcement, it is essential to keep in mind the Miranda warnings: “You have the right to remain silent; anything you say can and may be used against you in court; you have the right to an attorney before and during any questioning; if you cannot afford an attorney, one will be appointed to assist you.”

State clearly that you wish to have an attorney present before and during any questioning. If the police continue to question you after you have requested an attorney, repeat your request for an attorney and otherwise remain silent.

How much does it cost for the Public Defender’s Office to represent me? 

There is no cost to receive the services of the Public Defender if it is determined that you cannot afford to pay for an attorney.

We will represent you regardless of whether you can pay for our services and will never ask for money as a precondition of our help. When your case ends, the judge may conduct a hearing to determine whether you have the present ability to pay all — or a portion of — the costs for our services. If you cannot afford to pay, you will not be required to do so.

If my English is limited, can I still get assistance from the Public Defender’s Office? 

Yes, whenever necessary, your lawyer will obtain the assistance of an interpreter for meetings, consultations, and court proceedings. In court, an official court interpreter will be obtained for whichever language or dialect is needed for you to be able to clearly communicate and understand everything that is going on in your case.

A substantial number of our attorneys and staff are fluent in Spanish and other languages.

Will the public defender represent me if I am a citizen of another country?

Absolutely. We are committed to fiercely defending our clients regardless of their citizenship status. We also provide our immigrant clients with accurate information regarding the possible immigration consequences from any potential resolution of their criminal case, and our Immigration Unit defends clients facing deportation.

My family member, friend, or loved one was arrested and is in jail. What should I do? 

If a family member, friend, or loved one contacts you from the jail, the most important things you can tell them include:

  • While you are in jail, do not discuss the facts and circumstances of your arrest case with anyone. Do not talk with the police. Do not talk with other inmates.
  • Do not talk to your friends or family over the phone about the facts of the case. All conversations from the jail with anyone other than your lawyer are recorded.
  • Wait until you meet your lawyer to talk about the facts of your case because only conversations between you and your lawyer are protected by attorney-client privilege and are confidential. Only your lawyer will be able to give you accurate, reliable advice about how to proceed with your case.

If you believe a family member, friend, or loved one was arrested and you are trying to locate them, please contact our office at 415-553-1671. You may also be able to locate them using the San Francisco Sheriff’s Department’s inmate locator to determine whether they are incarcerated.

What is an arraignment?

An arraignment is a court proceeding at which an individual accused of a crime by the District Attorney (also called the prosecutor) is formally advised of the charges being brought against them by a judge, and enters a plea.  A person is sometimes arraigned at their first hearing in court.

An attorney from our Office will represent you at your arraignment, briefly discuss the case with you, and ordinarily your attorney will enter a plea of “not guilty” on your behalf. If the case is particularly serious or complex, a plea might not be entered at the first appearance but at a later date in order for our Office to gather more information and have an attorney assigned to your case.

What is a preliminary hearing? 

A preliminary hearing is a pretrial proceeding in a felony case where the District Attorney has the burden of proving that there is probable cause to believe you committed the felony crimes alleged.

The main purpose of preliminary hearings is to determine whether the District Attorney has sufficient evidence to continue prosecuting you on some or all of the charges. During the preliminary hearing, your attorney will vigorously cross-examine the prosecution’s witnesses, present evidence on your behalf (when appropriate), and try to convince the judge that there is not enough evidence to support some or all of the charges.

What is a jury trial? 

Every person accused of a crime is presumed innocent. A jury trial is where 12 members of the community assemble to hear the evidence and decide whether or not the District Attorney has proved an accused person is guilty beyond a reasonable doubt, the highest legal standard in our system of justice. Jurors are the “finders of fact,” and must unanimously agree upon before an accused person can be convicted or acquitted.

Our Office is known for having highly skilled trial attorneys who excel at taking cases to trial to achieve excellent outcomes for our clients.

I forgot my court date. How do I find out when it is?  

Please contact our Office immediately at 415-553-1671. Missing a court date can result in a warrant for your arrest and can lead to being taken into custody, so it is extremely important to contact us if you forgot your court date.

If you missed a court date, please contact your attorney immediately so they can assist with adding you to the court’s calendar as soon as possible.

You can look up also future court dates using the San Francisco Superior Court’s online case calendar.