Legal Process FAQs

What is a public defender?

A Public Defender is a licensed attorney who is employed by one of the 18 Public Defender Corporations to represent individuals charged with a crime who also meet the financial standards set by the state to have a lawyer appointed to represent them.

Are there other court appointed attorneys besides public defenders? or What is the difference between a court appointed panel attorney and a public defender?

Yes, a court appointed lawyer is a lawyer that has their own law practice or is part of a law firm.

Will I have to pay for my court appointed attorney?

That depends on what jurisdiction you face charges in. Currently in a small group of jurisdictions, the trial court judges make it part of an individual’s sentence to pay the cost of their court appointed counsel.

How do I apply for a public defender or court appointed attorney?

The process to apply for a Public Defender differs from jurisdiction to jurisdiction. Individuals should be asked during their arraignment if they wish to have an attorney appointed to represent them or if they wish to hire an attorney. Once an individual indicates they are requesting an appointed attorney, the process that must be followed should be fully explained.

When will I find out if I am eligible for court-appointed counsel? What if I am not eligible for court-appointed counsel?  

When you are first appearing before the magistrate or if you are taken immediately to the jail, you should ask for, and receive, an affidavit establishing your eligibility for appointed counsel. The circuit court or the public defender’s office will review your eligibility and, if eligible, you will be appointed a counsel. If you are not eligible for appointment of counsel, you will need to retain counsel at your own cost. However, you can appeal the denial of your eligibility by writing a letter to the judge presiding over your case. Notably, Public Defender Services has no role in the appointment of counsel as this is done at the circuit court level.

Who are the court officials in each county? 

You can find court information by countyon the West Virginia Judiciary website here​.

English is not my/my loved one’s first language, are there translators available?

Translators are available. The attorney assigned to your case would move the court for an appointment of a translator and the attorney would find a translator. Public Defender Services will pay the expenses of such a translator.​​

Should I tell my lawyer the truth, even if I may be guilty?

Your lawyer is the person that stands between you and the prison or jail time and fines associated with the charges that you face.  Clients should provide full and honest answers to all questions the lawyer determines relevant to developing and providing a full defense.   

Will my case go to trial?

There are many considerations involved in the client’s decision of whether to take a case to trial.  It is the attorney’s job to familiarize themselves with the case by reviewing the state’s evidence and conducting any necessary investigation in the client’s case.  The attorney is also obligated to inform their client of all plea offers made by the state.  It is the client who makes the ultimate decision of how their case will be resolved.

I received my letter with my court date and I cannot make it on that date. What should I do?

You should try to rearrange your schedule so that you can make it to court on the scheduled date. If that is not possible, you should immediately contact your lawyer to request a continuance.

What happens if I don’t show up to a scheduled hearing?

In most instances, a warrant for your arrest will be issued when you fail to show up for a scheduled hearing.  The court can also issue a bond forfeiture which means that any bond that has been posted is lost, increase bond or set a bond in a case where there was originally no bond set.    

Will I have to testify at trial?

It is the client’s decision whether to testify at trial.  The attorney should provide the client with the pros and cons of testifying.  If the client chooses to testify, the attorney should ensure that the client is adequately prepared.

Can a defendant’s family come to court?

Yes, all criminal trials are open to the public. There are very limited circumstances where portions of a trial may be closed to the public.  However, it is never a good idea to bring children to court.

How should I dress for court?

You should plan on appearing in business casual (dress pants and a dress shirt) unless advised to wear a suit by your lawyer.  If you are unsure about appropriate clothing for court, you should discuss this with your lawyer.

How can I review what services (hours + work product) were provided to me by my attorney?

If you want to review the invoice submitted by the attorney to Public Defender Services for the legal services provided to you, you need only to write to Public Defender Services and request a copy of the invoice. Public Defender Services will provide the copy without charge.  You do not need to file a Freedom of Information Act request.

​What should I do to prepare for sentencing?

Remember that every case is unique and there are numerous avenues you and your lawyer can take to limit your exposure to incarceration.  Ask your lawyer well in advance what you can do to assist in gathering necessary materials for sentencing. You may need to provide names of friends, community members, and family members that would be willing to speak on your behalf or write a letter of support. Or your lawyer may ask that you gather school records, medical records or other types of records that you can obtain. If you suffer from an addiction or mental illness that is the underlying cause of the criminal charges, you could be asked to sign up and begin attending classes that will show the sentencing court that you are serious about obtaining the necessary help to get your life back on track. You can find more information and a checklist on our sentencing brochure found here​.

What is Rule 35?

Rule 35(a) Correct an illegal sentence -  An individual that discovers they were given an illegal sentence may make a request for a court to correct their sentence at any time.

Rule 35(b) reduction of sentence - Within 120 days after sentencing has occurred, your lawyer can request that the sentencing judge reconsider your sentence. You can ask for a reduction in sentence or an alternative form of sentence. The court can reconsider a sentence without motion from the individual.

When can I tell the judge my side of the story?

Every individual has an opportunity to speak at sentencing.  It is a good idea to discuss what you plan to say in court with your lawyer well in advance of your sentencing date.

Can I contact my attorney after I have been sentenced/my case is closed? What legal support is available to me after conviction?

You should ask your trial attorney this question before the resolution of the case so that your expectations are set.  In many instances, the appointment of the attorney to represent you ends upon conviction by order of the court, although it may be extended for the period allowing reconsideration of your sentence under Rule 35 of the Rules of Criminal Procedure.  If you wish to appeal your conviction or if you wish to file a petition for habeas corpus relief, you may have to prepare the documents on your own and then request appointment of counsel to assist you.  You should consult with your trial counsel about whether the trial counsel will file the notice of appeal and, if not, you should ask for the forms and the time period within which you will have to file it on your own.  ​​