Adult Criminal
Defense Services
The Yolo County Public Defender's Office provides legal representation to individuals accused of crimes within Yolo County who cannot afford private counsel. Although we operate within the Yolo County government structure, our primary responsibility is to our clients. We are dedicated to providing our clients with inspired and holistic representation.
Our team is comprised of attorneys, investigators, mitigation specialists, paralegals, support staff, and interns. We strive to offer empathetic, client-centered, and relentless advocacy for every individual we represent. If you or someone you know is represented by our office, you can rest assured that you will receive comprehensive legal support from a committed defense team.
What to expect at your first court appearance
The adult criminal teams staff the criminal hearing courtrooms to conduct arraignments, pre-hearing conferences, preliminary hearings, law and motion hearings, settlement conferences, jury trials, and sentencing hearings for appointed felony and misdemeanor clients. They also handle post-conviction violation matters, including violation of probation, post-release community supervision (aka PRCS), mandatory supervision, and parole revocation cases.
Constitutional Rights
The judge will inform you of your rights and provide a copy of the charges against you.
Appointment of Counsel
If you are unable to hire a private attorney, the judge will appoint the Public Defender's Office to represent you. An attorney from our office will be present to help you navigate the court process, advocate on your behalf, and explain the next steps.
Bail Considerations
If you are incarcerated at your first court date, your attorney will address bail issues during the arraignment. They can request adjustments to bail or seek your release on your own recognizance based on several factors.
Frequently asked questions
What is bail?
Bail is a financial guarantee that the arrested individual will return to court for their scheduled appearances. If they fail to appear, the bail amount is forfeited. Bail Amount: Set by a judge based on: - The severity of the alleged offense. - The individual's criminal history. - Risk of flight or failing to appear in court. - The individual's ability to pay Options for Paying Bail: - Cash Bail: Pay the full amount directly to the court. This is refundable if the individual complies with all court dates. - Bail Bond: A bail bond agency can post bail for a fee, typically 10-15% of the total amount. This fee is nonrefundable. - Property Bond: In some cases, families can offer property as collateral for bail.
What is Own Recognizance (OR) Release?
OR release allows an individual to leave custody without paying bail, based on their promise to return for court appearances. Eligibility: - Determined by a pretrial assessment and judge's discretion. - Typically granted to individuals deemed low-risk for failing to appear or committing further offenses.
What is Pretrial Assessment for OR Release?
After arrest, a pretrial services officer from the Yolo County Probation Department may conduct an assessment to recommend OR release. This evaluation often includes: Ties to the Community: - Length of residence in the area. - Family or social support in the community. Employment or Education: - Whether the individual has a stable job or is enrolled in school. Criminal History: - Prior arrests or failures to appear in court. Charge Severity: - Non-violent charges are more likely to result in OR release.
How families can help during OR release?
Demonstrate Stability by: 1. Provide proof of: - Stable housing (e.g., lease agreement, utility bills). - Employment or education (e.g., pay stubs, school records). - Long-term residency in the community. 2. Support the Assessment Process: - If the individual is interviewed for OR release, families should: - Confirm their ties to the community. - Be ready to vouch for the individual’s reliability and character. - Provide evidence of family responsibilities (e.g., caregiving for children or dependents). 3. Advocate in Court: - Families can attend hearings to show visible support. - Provide character references or letters to demonstrate the individual’s positive contributions and low risk of flight.
Why focus on OR Release?
OR release has significant advantages: No financial burden for families. Demonstrates trustworthiness to the court. Avoids the need for bail bond fees, which are nonrefundable. Families should prioritize presenting a strong case for OR release by confirming the individual’s ties to the community, stability, and compliance with legal obligations. By participating actively and providing necessary information, families can improve the likelihood of their loved one’s timely release from custody.
Key Considerations
Compliance is Essential: For both bail and OR release, the defendant must adhere to all conditions set by the court, including: Attending all hearings. Abiding by any restraining orders, curfews, or geographic restrictions. Prepare for Bail Costs: If bail is required and cannot be paid in full, explore bal bond agencies or property bond options.