Frequently
Asked Questions
Who are Public Defenders? Are
they real attorneys?
Public Defenders are
attorneys paid by Monroe County to represent indigent people
who are entitled to have legal representation.
What types of cases are assigned to
Public Defenders?
The most common cases assigned to
Public Defenders are criminal charges, juvenile delinquency,
CHINS petitions, termination of parental rights
petitions, mental health commitments, contempt hearings,
appeals, and petitions to revoke suspended sentences.
How do I get a Public Defender to
represent me?
You
must ask the Judge to have a Public Defender appointed to
your case, then the Judge must make a finding that you do
not have the money to hire an attorney.
What do I do after a Public Defender
is appointed to my case?
You must come to the Monroe
County Public Defender Office in Room 302 of the Justice
Building. An attorney will be assigned to your case and an
appointment will be scheduled for you to meet with that attorney.
What happens at the appointment?
All relevant issues about
your case will be discussed and you will have an opportunity
to ask your attorney questions.
Should I hire a private attorney?
If you can afford to
hire a private attorney you should. Public Defenders are
paid to represent people who do not have the means to hire a private
attorney.
Should I try to hire a private
attorney because they will do a better job/the Public
Defender is overworked/not as experienced/doesn’t care/works
for the County/works for the Judges/works for the State?
Monroe County is fortunate to
have a group of experienced dedicated attorneys working in
the Public Defender Office who protect the rights and
interests of each and every client, not only because it is
their sworn duty as an attorney, but each attorney has shown
a personal commitment to provide the best legal
representation possible. Monroe County has assisted in this
endeavor by electing to participate in the State Plan that
limits the number of active cases an attorney may be
assigned so that more time may be given to individual cases.
Who else can I talk to about my
case?
The Public
Defender’s office has two investigators, two paralegals, and
a number of law clerks that assist the attorneys. One
of these people may contact you and they are obligated to
keep the same confidentiality as your attorney. If you
talk to anyone else about the details of your case, that
person could be used as a
witness against you.
I forgot the name of my Public
Defender. I forgot my court date. How can I find out?
Call the Public Defender’s office
where your case is pending. Provide the receptionist
with the cause number, or, if you can’t
remember the number, provide your full name. Ordinarily
that will be sufficient information to help our staff
determine the name of your Public Defender. However,
without a specific cause number, and based on your full name
alone, our staff can only provide the court hearing(s)
that appear on the court calendar.
Will you
help me sue the Police/Jail/Judge/Prosecutor/complaining witness/help
me with my landlord/help with my divorce?
Your Public Defender is
responsible for representing you in a specific case appointed by
the Circuit Court. In all other matters such as civil law
suits, you need to proceed on your own, hire a private
attorney, or seek assistance from an organization such as:
Legal Services Organization at
http://www.bloomington.in.us/socserv/iris/Legal_Services_Organization.html
Community
Legal Services at
http://www.law.indiana.edu/outreach/index.shtml
Will the Public Defender represent
me if I am a resident of another county/state/country?
Yes, if you
are charged with an offense that is filed in Monroe County.
My English is limited/I am Deaf. Can the
Public Defender get an interpreter to assist me?
Yes, the Public Defender will
make arrangements to obtain the assistance of an
interpreter. Be sure to inform your attorney that you need
an interpreter. Often clients think they can understand
enough English to “get by”. Unfortunately, there might be
special meanings of words that can make a critical
difference in the handling of a case. Court proceedings can
be confusing enough without adding the complication of not
understanding the language. If there is any doubt as to
whether you can understand everything that is being said to
you and about you, it is far safer to use the services of an
interpreter. An interpreter will be made available for all
interviews, investigations and consultations, as well as
court proceedings.
Do I have to pay the Public
Defender?
The Court may order you to pay a Public Defender
Fee.
Updated: April 1, 2009
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