The New Jersey Office of the Public Defender provides constitutionally mandated legal representation for adults and juveniles charged with criminal offenses who are unable to afford private lawyers. Once you have been found by the court to be eligible for public defender services, you are guaranteed certain rights as a public defender client. You also have certain responsibilities as a client including an obligation to pay reasonable costs of your representation.

THINGS YOU SHOULD REMEMBER

Your lawyer must exercise independent, professional judgement during the course of representation provided for you. After consulting with you, the lawyer can decide what witnesses to call, whether and how to conduct cross examination, what jurors to accept or seek to have dismissed, what trial motions to make and any other decisions of a strategic or tactical nature.

It is extremely important that you not file any motions with the court on your own or send letters concerning your case to anyone other than lawyers or investigators working for the Office of the Public Defender. These letters could otherwise be used as evidence against you.

Do not discuss your case with anyone except your lawyer or investigator. Whatever you tell us is private and confidential. Remember that what you may tell a police officer, a corrections officer, a prosecutor, a paralegal, a social worker, a fellow inmate, or even a relative or friend is not legally private and could be used against you in court. Any of these people could become a witness against you without your approval.

If anyone other than your lawyer or investigator seeks to talk to you about yourself or the charges against you, do not answer. Instead, contact your lawyer or investigator as soon as possible. You have a constitutional right to remain silent. Use that right.

Any questions or concerns about your case should be directed to your lawyer. If you are in jail, questions about bail should also be discussed directly with your lawyer. Any independant action could interfere with your best possible defense.

Your lawyer has no authority to represent you on domestic violence complaints, traffic violations, or civil charges. You should advise your lawyer, however, of any such charges that may be pending against you including any from other states.

For further information, contact the Public Defender Office in the county where you have been charged. Check phone listings under State Government.

YOUR RIGHTS AS A CLIENT

By declaring you eligible for a public defender, the court has assured that you will be represented by a skilled lawyer, who specializes in handling criminal matters. As a client, you have the following rights:

Your lawyer is obligated to act on your behalf and to represent you on indictable charges brought against you. He or she will do so with reasonable diligence and promptness. Your lawyer will respond as quickly as possible to any reasonable requests you make for information about your case.

Your lawyer will explain your case to you to the extent reasonably necessary to permit you to make informed decisions regarding your representation. Information about your case will not be revealed to anyone without your consent.

You have the constitutional right to remain silent. You are advised to speak to no one other than your public defender lawyer or investigator about yourself or your case once the charges are brought against you.

You have the right to decide what plea to enter, whether or not to give up your right to trial by jury, and whether or not to testify on your own behalf. Your lawyer will give you candid advice in making these decisions and in handling other aspects of your case (see Miranda right).

The Office of the Public Defender also will provide for you other services such as court transcripts and expert witnesses, if needed. The office has the right to decide the extent of such services and how much will be paid for them.

The Office of the Public Defender will continue to represent you, if necessary, in a direct appeal of a conviction or in any post-conviction proceedings warranting assignment of counsel, pursuant to rules of the court.

YOUR RESPONSIBILITIES AS A CLIENT.

Once the court has decided that you do not have enough money to hire your own lawyer, and that you are therefore entitled to the services of a New Jersey Public Defender, you have the following responsibilities:

Pay a $50 administrative fee. This fee is payable at the time of your initial meeting with a public defender lawyer or investigator. It may be paid by check or money order (made out to the Office of the Public Defender) or in cash. If you are unable to pay, a deferred payment schedule can be arranged.

Meet as soon as possible with your lawyer. Discuss with the lawyer the facts and circumstances surrounding the charges against you. Your recollection of the events can be vital to your defense.

Make a commitment to assist your lawyer in gathering all necessary documents and other information that may help your case. Remember that all communications--written or oral--with police, prosecutors, the probation department, inmates or anyone else in the criminal justice system should be made through your lawyer.

Advise your lawyer of your current residence. You must notify your lawyer or your county public defender office of any change in your address or phone number during the course of your representation.

In addition to the administrative fee, you must by law pay the Office of the Public Defender for the reasonable costs of defender services once your case is completed. Public defender fees are for work such as interviews and investigations done outside the courtroom, plus other costs such as those for transcripts and expert witnesses. If you cannot pay the full amount at one time, a payment schedule can be arranged. Periodic bills will be sent to you until all costs are paid. The office also is required by law to place liens on your property to meet unpaid bills. State income tax refunds and Homestead rebates also can be withheld after two-years, under the Set-Off Individual Liability (SOIL) program. You will be required to sign a reimbursement form which signifies your agreement to pay these costs; however, failure to sign this form does not relieve you of your obligation to reimburse the Office of the Public Defender.