Public Defender's Office

The Santa Clara County Public Defender's Office provides court-appointed defense and related services for people who cannot afford a private attorney. This article explains which cases the office handles, how appointment and financial screening work, how to reach an assigned attorney, and what information to prepare when contacting the office. It also covers early representation after arrest, juvenile and mental health proceedings, record clearance, and the differences between the Public Defender and Alternate Defender offices.

What the Public Defender’s Office Does

The Santa Clara County Public Defender's Office represents clients through a defense team that may include attorneys, investigators, social workers, paralegals, and administrative staff. A public defender is a licensed attorney with the same obligations as a private defense attorney to provide skilled representation, defend the client, and maintain client confidences.

The court appoints the office to represent an eligible person, and the office assigns a defense team. Contacting the office and receiving an appointment from the court are different steps. An inquiry can help you identify the appropriate service or reach staff, but it should not be treated as confirmation that an attorney has been assigned to your case.

Cases Within the Office’s Scope

The office represents adults charged with misdemeanors and felonies, including complex felony and death penalty cases. It also handles alleged violations of probation, parole, and post-release community supervision. Its work extends to juvenile delinquency cases and certain civil proceedings that put a person’s liberty at stake, including contempt proceedings and involuntary mental health commitments.

The official description of cases and services also identifies pre-arraignment representation, community outreach, and record-clearance and post-conviction assistance. These services address different stages of a person’s involvement with the justice system; assistance after a conviction is separate from defending a pending charge.

Limits on Representation

The Public Defender does not represent crime victims. It also does not represent people charged only with infractions, which are offenses punishable by a fine alone. A misdemeanor and an infraction therefore should not be treated as interchangeable when asking about representation.

The office describes a misdemeanor as an offense punishable by a fine and/or up to one year in county jail. Felony cases involve a different category of charges and a different court process. If you are unsure whether your case falls within the office’s services, contact the office with the case type and court information you have.

Eligibility and Court Appointment

Financial eligibility and court appointment are central to obtaining public defender representation. According to the office’s explanation of eligibility and attorney assignment, a judge will appoint the Public Defender at the first court date if the accused person is in custody.

If you are out of custody, a paralegal in court may interview you about your finances. Alternatively, the judge may refer you to the Public Defender's Office for a financial interview and ask you to return on another date. After the interview, the office tells the judge whether you qualify. If you qualify, the judge appoints the Public Defender.

Preparing for the Financial Interview

The office’s misdemeanor and felony procedures explain that a paralegal screens the case for financial eligibility and asks about income. Be prepared to report your income and answer the financial questions asked during the interview. The paralegal also takes information about your side of the case for the defense team.

At arraignment, the court typically advises you of the charges and asks whether you have a private attorney or need a public defender. If you need a public defender, the office’s instructions say to indicate that need at this stage. After an attorney is assigned, contact the office to obtain the attorney’s name and arrange communication before the next court appearance.

Early Representation Through PARR

The Pre-Arraignment Representation and Review program, known as PARR, provides representation before the first court appearance. Public defenders, paralegals, and investigators meet people within 48 hours of arrest. The program serves indigent clients who are in jail awaiting arraignment.

PARR addresses the gap between arrest and the point when traditional public defense begins at arraignment. Its work includes developing individualized release plans, conducting early investigation, and gathering information that helps the court understand the client’s circumstances. The program aims to reduce jail stays associated with a lack of money and access to legal resources, along with the disruption incarceration can cause to employment, housing, and family life.

The office also states that PARR can help clients avoid being placed in jail when they have an outstanding arrest warrant. That assistance should not be read as a promise of release or a particular result. The program’s stated goals concern early representation and preparation for decisions at the beginning of the criminal process.

Public Defender and Alternate Defender Offices

The Public Defender and Alternate Defender provide the same types of defense services, but the Alternate Defender represents defendants whom the Public Defender cannot represent because of a conflict of interest. For example, the Public Defender may already represent another defendant accused in the same case, or a person may be a witness against another Public Defender client in a separate case.

If both offices have a conflict, the court appoints other counsel through the Independent Defender Office. The Independent Defender Office is a separate agency from the Public Defender and Alternate Defender offices. Knowing which office represents you helps prevent messages from being sent to the wrong defense team.

Locations and Staff Directories

The Public Defender has offices in San Jose, Morgan Hill, and Palo Alto. The Alternate Defender has offices in San Jose, San Martin, and Palo Alto. The South County locations are in different cities, and the Palo Alto offices have different street addresses.

The official office locations and staff directories page provides addresses, telephone numbers, map links, and access to separate Public Defender and Alternate Defender directories. Match the office name to your assigned defense team before selecting a location. The contact list at the end of this article identifies the individual offices.

Reaching Your Assigned Attorney

If you know your attorney’s name, use the directory for the office that represents you to obtain contact information. If you do not know the name, call the office and ask staff to look up your attorney and provide the attorney’s contact information. This is more useful than choosing an attorney from a directory without knowing who has been assigned.

For clients in custody, the office’s criminal-case pages describe direct calling access to the Public Defender and Alternate Defender offices. They also explain that clients can obtain an attorney’s direct line through the staff directory and call collect from their facility. Clients out of custody can call the main office or their attorney’s direct line.

Information for an Electronic Inquiry

The Public Defender contact form asks for information about the person submitting the inquiry, the client, the case, and the staff member involved. Providing specific information helps the office address the inquiry. Before opening the form, gather the details you have:

Your name, relationship to the client, and contact information.
The client’s name, if different from yours.
The case number or docket number and case type.
Whether the client is in or out of custody, and the custody location.
The staff member’s name, if known.
A clear description of what you want to ask or tell the office.

The form identifies a case number or docket number as the case reference and asks separately about custody status and location. Keep those details distinct when preparing your message. An attorney’s name is another separate field; include it when known so staff can identify the intended recipient.

Contact Forms and Page Feedback

The electronic contact form requires JavaScript. The contact page also provides a printable PDF version for submission by mail or fax, along with Spanish and Vietnamese form options.

The website’s “Was this page helpful?” form serves a different purpose from the office contact form. Its instructions ask users not to include personal information such as a home address, tax identification number, or Social Security number. Use the designated contact form for an office inquiry rather than placing client or case information in a page-feedback comment.

Misdemeanor Case Steps

The office’s misdemeanor case process describes the general sequence as arrest, arraignment, pretrial conference, and trial. At arraignment, the accused person is advised of the charges and asked about representation. The attorney can explain the differences between guilty, not guilty, and no-contest pleas.

After discussing the case with the client, the attorney speaks with the District Attorney and the court to determine whether an agreeable resolution can be reached. There may be more than one pretrial conference as the case is prepared. If an agreement cannot be reached, the case is set for a jury trial.

Attorney Meetings and Trial Timing

The office describes a representation process that includes meeting with a paralegal, attorney assignment, and meeting with the attorney before the pretrial conference. Once assigned, the attorney requests discovery to prepare for that conference. You may call to arrange an appointment. If there is insufficient time for a meeting before the next court date, the office states that the attorney will be prepared to meet with you in court at the pretrial conference.

The misdemeanor page describes a right to trial within 45 days of arraignment or plea for a person out of custody, and within 30 days for a person in custody. It also explains that a client may be asked to “waive time” when additional preparation requires continuing the case beyond the applicable period. In that context, waiving time concerns the trial deadline rather than giving up the right to trial. Discuss the timing of your particular case with the assigned attorney.

Felony Hearings and Preparation

The felony case process includes arrest, arraignment, plea, preliminary hearing, Superior Court arraignment, and trial. A preliminary hearing addresses whether the District Attorney has enough evidence to hold the case over for trial. It is a separate proceeding from the trial itself.

The office states that the preliminary hearing must occur within 10 court days of the plea unless time is waived to allow additional preparation. Court days exclude weekends and holidays. The subsequent Superior Court arraignment is described as occurring within 15 calendar days of the preliminary hearing. Calendar days include weekends and holidays, so these two periods use different counting methods.

For felony representation, a paralegal conducts financial screening and reports the client’s account to the assigned attorney. The office advises clients to arrange an attorney meeting and avoid waiting until the last day before court to speak with counsel. Contacting the office before the next court date can also establish the assigned attorney’s name.

Juvenile Defense and Family Communication

The Public Defender represents juveniles in juvenile justice court from their first appearance until the case concludes and/or supervision ends. Defense work includes evaluating allegations, investigating the case, exploring defenses, and advocating in court. The office also addresses the juvenile’s needs through education, guidance, and treatment consistent with the juvenile’s best interests.

The official juvenile justice information explains that juveniles are treated differently from adults and that treatment within the juvenile system also varies by age. Families should use the juvenile-specific material when learning about proceedings, diversion, dispositions, and conditions instead of assuming the adult misdemeanor or felony sequence applies.

Confidentiality When Helping a Loved One

Defense teams owe confidentiality to their clients. A relative or friend may receive general information about the criminal process and upcoming court dates, but attorneys cannot discuss the client or case without the client’s specific permission. These obligations apply to investigators, paralegals, social workers, and administrative staff as well as attorneys.

A family member’s effort to help does not itself authorize disclosure. The office explains that an attorney’s first obligation is to the client, although staff should return a call and explain confidentiality limitations. Asking your loved one what assistance they need can help you focus on useful support without expecting access to confidential discussions.

The office also warns that jail telephone calls and visits are recorded and that case-related statements can be used against the person in custody. Its guidance recommends avoiding discussion of the arrest or criminal case during those conversations. Court schedules and the attorney’s name are examples of information the office says a family member can ask about.

Mental Health Proceedings and Client Needs

The Public Defender’s mental health work includes civil proceedings involving loss of liberty and representation of individuals subject to LPS and probate conservatorships. These proceedings differ from a criminal prosecution. The office describes probate conservatorships as proceedings involving management of finances and/or personal care for someone unable to care for themselves because of conditions such as dementia, developmental disability, or traumatic brain injury.

The office describes LPS conservatorships as involving individuals who are gravely disabled because of mental illness, mental disorder, or chronic alcoholism. A person held in a psychiatric facility may contact the office and ask to speak with the Mental Health paralegal about challenging the commitment. The paralegal can also be located through the staff directory.

Behavioral Health Information From Families

For clients with behavioral health needs in criminal cases, the office explains that family input about mental health history can assist the defense team. Providing information and receiving confidential case information are separate matters. The office needs a release from the client to provide information to family members, and the attorney retains discretion about communicating with third parties even after a release is signed.

A referral to the office should also be distinguished from the office becoming attorney of record. The behavioral health guidance explains that appointment or referral by the judge occurs at the first court appearance, with an interview by an office representative if the office accepts the appointment.

Record Clearance After a Conviction

The record-clearance and post-conviction services page explains that California law permits certain misdemeanor or felony convictions to be set aside under qualifying circumstances. This is commonly called record clearance or expungement.

The Reentry Expungement Program may assist people whose convictions occurred in Santa Clara County and who qualify for Public Defender services. Assistance can include petitions for expungement, reduction of charges, and deletion of outstanding fines and fees. These are forms of relief the program may help request from the court, rather than automatic results of contacting the program.

The program operates inside the Reentry Resource Center. You can call the program to make an appointment or email expungement@pdo.sccgov.org. Current CalWORKs participants may qualify for additional record-clearance or expungement services and can inquire with the office about that assistance.

Certificates of Rehabilitation

A Certificate of Rehabilitation is a separate form of post-conviction relief. The office states that a person convicted in California and committed to state prison may be eligible. Its record-clearance page identifies an instruction packet and court self-help information for this process.

The same page states that the Public Defender's Office is unable to accept representation in Certificate of Rehabilitation matters. Do not assume that the availability of expungement assistance means the office will also represent you in a Certificate of Rehabilitation proceeding.

Office Addresses and Phone Numbers

Public Defender Main Office
120 West Mission Street
San Jose, CA 95110
Phone: (408) 299-7700

Public Defender South County
17275 Butterfield Blvd., Suite B
Morgan Hill, CA 95037
Phone: (408) 201-0500

Public Defender Palo Alto
425 Sherman Avenue, Suite 100
Palo Alto, CA 94306
Phone: (408) 918-7740

Alternate Defender Main Office
2305 Bering Drive
San Jose, CA 95131
Phone: (408) 970-2700

Alternate Defender South County
80 Highland Ave.
San Martin, CA 95046
Phone: (408) 686-3628

Alternate Defender Palo Alto
270 Grant Avenue
Palo Alto, CA 94306
Phone: (650) 324-6442

Independent Defender Office
Phone: (408) 758-4250

Reentry Expungement Program
151 W. Mission Street
Phone: (408) 535-4290

Public Defender's Office FAQs

Can a minor criminal case affect my immigration status?

Yes. The Santa Clara County Public Defender’s Office warns that even a minor misdemeanor or infraction can have serious immigration consequences. Depending on the circumstances, a conviction may lead to deportation, prevent naturalization, affect eligibility for immigration benefits, or bar lawful reentry into the United States. Before deciding how to resolve a pending charge, ask your defense attorney about the immigration consequences of the proposed outcome and whether advice from immigration counsel is needed. The seriousness of the criminal penalty alone does not tell you how the case could affect your immigration status.

Should I answer police questions about my case?

The office’s guidance on speaking with police states that you do not have to speak to police and generally recommends having an attorney present before discussing your case with law enforcement. If officers want to question you about an accusation, ask to speak with an attorney before giving your account. Do not assume that explaining your side immediately is the best way to resolve the situation. Your defense attorney can advise you about whether to speak and help you understand the possible consequences of doing so.

Can someone get out of jail without paying bail?

Release without paying bail may be possible, but the Public Defender’s Office cautions that it is not available in every case. Its official FAQ directs families to the County’s No Cost Release information. Ask the assigned defense attorney whether release without a bail payment is an option in the particular case and what the next step would involve. The existence of a no-cost release option does not mean that every person in custody qualifies or that release is automatic.