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Public Defender

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1. How do I find out if I have been appointed a Public Defender?

If the court appoints the Public Defender's Office, you will receive a letter from us. The letter will tell you the name of the attorney who will be assisting you. You may also call the Humboldt County Public Defender's Office at 775-623-6550 to find out this information.

2. How can I get the service of a Public Defender?

In order to qualify for the services of the Humboldt County Public Defender's Office, you have to be considered "indigent". Indigency is generally defined as not having enough resources to hire a private attorney. That decision is made by the Court and the judge presiding over the case and is based upon your current financial circumstances, including an examination of a person's financial assets and liabilities. Most people, even if they qualify as indigent, are asked to make some financial contribution to the County for the services of the Public Defender, normally between $250 and $1000.

3. I have been told I have a Conflict Attorney, what does that mean?

Public Defenders are licensed attorneys. As such, they are bound by the same rules of ethics, including the rule that you may not represent someone when a conflict of interest arises.

In order to accommodate this situation, Humboldt County has created the Alternate Public Defender's Office. Humboldt County also has contracted with an outside group of private attorneys in case of conflicts within the Alternate Public Defender's Office. Every case that comes into the Humboldt County Public Defender's Office is immediately screened for conflicts of interest. Whenever such a conflict is detected, the case file is transferred to the Alternate Public Defender's Office.

4. How can I contact my conflict attorney?

The conflict attorney group is administered by the Humboldt County Alternate Public Defender's Office. Their office number is _______________.

5. If I am arrested for drug possession, is there a way to have my criminal case dismissed?

Yes. Certain drug offenses, excluding trafficking, may allow you to qualify for the Specialty Courts Diversion program. Diversion court places you under the supervision of the State and Court but allows you, after successful completion of the supervision, to move to have the charges dismissed and the record of the offense sealed. There are different programs available under Nevada law and you should discuss whether you are eligible and which program might be best for you with your attorney.

6. What can I expect if I am arrested?

Obviously an arrest involves a tremendous loss of liberty. You will be photographed, fingerprinted and asked to change into jail issue clothes. You should be allowed to make a phone call. Normally, you will be interviewed in order to gather information that will help the detention center determine the best way to house you safely. If you are taking medication or have other issues that might effect your placement at the jail, please notify jail staff or ask your family and friends to contact the detention center. If you have been appointed a Public Defender, you should also advise them of any issues that might effect your classification at the detention center.

7. What is probation and what happens if I violate it?

Probation is a privilege and not a right. Probation is an opportunity to prove that you do not need to be incarcerated. When a person is placed on probation, the court normally enters a jail or prison sentence, but suspends the imposition of the sentence, provided that the defendant complies with certain requirements, such as reporting to a probation officer, not being arrested or convicted of new offenses while on probation, pay restitution, attending counseling or other conditions set by the court.

If the court finds that a person violated probation, it means that they have not complied with the conditions set by the court. The court can then impose the previously suspended sentence and place the defendant in jail or prison. It is very important to let your Public Defender know if the reason you were unable to comply was due to financial, substance abuse, or other issues, so that the court can consider the information and, hopefully, reinstate the term of probation.

8. What is bail?

Bail is a security, usually money or property, given to ensure that if an accused person is released from custody they will still attend future court appearances.

9. If I am arrested, should I talk to the police?

If you are arrested, the police will have to let you know that you have a right to an attorney before any questioning begins. If you are given the right to an attorney, it is probably for a good reason. Exercise and invoke your rights. If you want to talk to the police, do so AFTER you speak to an attorney. They will understand.

10. If the police don't read me my rights, can I get my case dismissed?

Not necessarily. The Miranda warning provides notice of the right against self-incrimination and protects a person from having their statements used against them if the statements are the product of a custodial interrogation.

If a court were to rule that such statements were inadmissible in court, that ruling would obviously have some impact on how the case would be resolved. Ultimately, the State would have to pursue the charge based upon other evidence. Unfortunately, the State may have other evidence independent of the inadmissible statement. If you have concerns about statements given to the police, please discuss the events with your attorney.

11. What is an Arraignment?

An arraignment is a hearing where an initial plea is entered to an offense. Normally, a person who is arrested and brought to the jail will have an arraignment conducted by video within 72 hours of their arrest. If a not guilty plea is entered, the court will ask the accused if they can afford private counsel. If the offense qualifies for the appointment for the services of the Public Defender's office, an application can be made.

12. What is a preliminary hearing?

A preliminary hearing is where the State must prove to a neutral magistrate that there is probable cause to believe that a crime has been committed, and that there is probable cause to believe that the accused committed the offense. This burden of proof must be met for the case to continue into District Court. The burden of proof, probable cause, is lower than required at a trial. At trial, the State has the burden of proving every element of the offense beyond a reasonable doubt.

13. What if I fail to appear at my hearing?

Failing to appear for a scheduled court appearance is a separate criminal offense and can be the basis for the issuance of a warrant. Failing to appear in court can also lead to the revocation of any bail or own recognizance release. If you fail to appear in court, you should contact your attorney immediately to see what actions can be taken on your behalf.

14. What do I do if I know I have a warrant?

Please contact your attorney. Do not hide this information from your attorney. This is important information for counsel to consider when forming a plan to challenge the State's case.

15. What do I do if I am picked up on a warrant?

If you are arrested on a warrant, you should follow the advice given to any person that is arrested; ask to talk to your attorney. If you are arrested on a warrant for an offense that involves a case where a Public Defender was appointed, please call our office at 775-623-6550.

16. Can the Public Defender's Office represent me on my traffic ticket?

Remember, the Public Defender's office only represents persons facing a loss of liberty. A citation that only carries the possibility of a fine as punishment would not provide a basis for the court to appoint a Public Defender. However, it is highly recommended that you consult with a private attorney before appearing in court on any legal matter.

17. How do I get my case investigated?

The Public Defender's office has investigators. If you are appointed the services of the Public Defender, the best way to have your case investigated is to communicate with your public defender.

18. How do I find someone who is in the Humboldt County Jail?

The Humboldt County Detention Center is located at 801 Fairgrounds Road, Winnemucca, Nevada. The detention center is managed by the Humboldt County Sheriff's office. Booking information can be found by calling 775-623-6423 or online at the Humboldt County Sheriff's Website. Visiting information can also be found on the website or by calling 775-623-6423.

19. How can I visit someone who is in the Humboldt County Detention Center?

Visiting is scheduled based upon the name of the detained person. Please call the Humboldt County Detention Center at 775-623-6423. Please understand that the visit will likely be done in a secure setting.

Also, if you decide to call or accept a call from someone detained at the Humboldt County Detention Center, be aware that the phone call will be monitored and recorded. Please be careful in discussing the details of any accusation, as the conversation may create evidence to be used against the accused.

20. How do I visit a state prison?

If you wish to visit or contact a person who is in the Nevada Department of Corrections, you first need to determine where they are being housed. Nevada has several facilities that are used to house inmates. The Nevada Department of Corrections administrative offices can be reached by calling 775-887-3285. If you are unsure of the facility, you can also perform an inmate search on the Department of Corrections website.

21. Are Public Defenders attorneys?

Yes! This is perhaps the most common misconception of the public. All Public Defenders have obtained a college degree and graduated from an accredited Law School. All Public Defenders have passed the Nevada Bar Exam and many are licensed to practice in both state and federal courts.

22. What is the difference between a Public Defender and a District Attorney?

The District Attorney is an elected official. The District Attorney is charged with the enforcement of laws in Humboldt County and employs Deputy District Attorneys to assist in that effort.

The Public Defender is appointed by the Board of County Commissioners. Every community must provide and fund attorneys for indigent persons facing a loss of liberty. The Public Defender employs Deputy Public Defenders to assist in the constitutional requirements set out by the United States Supreme Court and the Constitution of the United States.

While both offices are funded by the government, they serve independent functions.

23. Can I file my own motions in court?

If you are represented by an attorney, all motions and pleadings must be endorsed by your attorney. Motions and pleadings that are sent without the endorsement of the assigned attorney are generally considered fugitive documents and not considered by the court. A person should be very careful when they send documents to the court, as it is likely that the State prosecutor will be able to gain access to all documents in the court's file and potentially use them against the accused.

24. If I am a victim of a crime, can the Public Defender's Office represent me?

The Public Defender's Office does not represent victims of crime. If you are a victim of a crime, you should consult the Humboldt County District Attorney's office at 775-623-6363.

25. Do Public Defenders have the same obligations as private attorneys?

Yes and no. Public Defenders are licensed attorneys and have almost all of the same obligations of private attorneys. Because the services of the Public Defender are offered only in certain circumstances, Public Defenders do not maintain private trust accounts for legal fees and are exempt from certain other requirements regarding the safe-keeping of client assets. Otherwise, Public Defenders must act and perform in the same manner as private attorneys.

26. What happens if I am charged with a juvenile offense?

Juvenile offenses are not considered crimes like in the Adult courts. If you are under 18 years old and break the law, you may be charged with a delinquent act.

27. What should I do if I am in a abusive situation?

You should not live in fear. There are people you can tell, support groups you can join, and places you can go. There are ways to protect yourself or someone you care about from being scared of getting hurt. Click on the menu under Family and Youth Services for further information and resources.

28. What should I do if my family breaks up?

There are many resources to help deal with a family that is breaking up. Click on the menu under Family and Youth Services for more information and resources.

29. If juvenile charges are filed against you, you have the right to a lawyer

The law says that you must have an attorney represent you in a Juvenile Court, even if you have already decided to admit to the charges. The Public Defender's office is appointed to represent every kid. You, or your parents, may hire a private attorney to represent you if you wish.

30. How does a juvenile case start?

A Juvenile case may start with one of three things: Arrest, Citation, or Referral. If you are arrested, you will be taken to a detention facility for juveniles. If you receive a citation, the police will issue the citation and call your parents or guardian. A referral may also be made to the Juvenile Services Department.

31. What happens if I am arrested (juvenile)?

You may be released to your parents/guardian or you may be detained at the Leighton Hall Juvenile Detention Center.

32. What is a detention hearing (Juvenile)?

If you are detained at the juvenile detention center, you will have a hearing within 72 hours. A judge will decide if you will be released and a Public Defender will represent you.

33. What should I wear to my hearing?

You must represent yourself in a positive way to the Judge. The Judge is making a decision about your future so your first impression is very important. Dress neatly, and appropriately, for your court appearance. If you are unsure of appropriate dress, ask your attorney beforehand!

34. What is a plea hearing (Juvenile)?

At this hearing you must answer to the charges against you. If you deny the charges the Judge will set your case for trial.

35. What is a dispositional hearing (Juvenile)?

At this hearing the Judge will decide what your consequences will be. It may be a fine, counseling, community service, etc.

36. What is emancipation?

Any minor who is at least 16 years old and married, OR living apart from legal guardians, and is a resident of Humboldt County may ask the Juvenile Court for a decree of emancipation.