Frequently Asked Questions
GENERAL QUESTIONS
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1. Who is the Public Defender for Washtenaw
County?
2. Who is my attorney?
3. When should one be represented
by a private rather than a public defender attorney?
4. What is the relationship between the
Public Defender and the Prosecutor?
5. How can I be appointed a Public
Defender on a Misdemeanor case?
6. How can I get a Public Defender on a
Felony case?
7. What if I hire a private attorney and run
out of money before the case is over?
8. What if I do not have an attorney but
have questions about a criminal matter?
1. Who is the Public Defender for
Washtenaw County?
Lloyd E. Powell has served as the County Public Defender since
appointment to the Office by the Washtenaw County Board of Commissioners in
January 1980. Predecessors to successively hold the Office prior to that
were Judge George Alexander, Daniel G. Bambery, Magistrate Judge William R.
Rekshan and V. Carl Shaner. The Office has been an integral department of
Washtenaw County Government since September 1971.
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2. Who is my attorney?
As the County Public Defender, Lloyd E. Powell is the attorney
officially assigned to represent all clients of the Office. He is
assisted by a highly skilled staff of 15 experienced trial lawyers and 6
legal clerks who are also dedicated to public defense as a career. They are
further augmented by 55 - 60 volunteer student lawyers and investigators who
are also committed to public defense as a calling. All of these regular
and volunteer staff personnel are assigned by Lloyd to work on your
case as a team whereby all of the resources of the Office can be readily
available to provide you with top notch legal representation at all
times. Lloyd will also select and monitor one of his regular staff
lawyers to lead the team that will work on your case and that experienced
trial lawyer will become the primary attorney responsible for your
case.
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3. When should one be represented by a
private rather than a public defender attorney?
While Washtenaw County Public Defenders are highly trained, experienced
and skilled trial lawyers who operate as teams that specialize in criminal
law and local court processes, their services are provided only or primarily
for those who do not have sufficient financial means to hire their own
private counsel. Thus, anyone who can afford to hire a private attorney
should do so. The Office of Public Defender is also an integral part of
county government and has a smooth working relationship with all of the
major components of the local criminal justice system. The competent
and dedicated trial lawyers who comprise the staff of the Office can be
relied upon to provide top notch defense as a calling and to fight zealously
for what is in the best interests of their clients.
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4. What is the relationship between the
Public Defender and the Prosecutor?
While the Prosecutor has the duty to represent the State in proving
their case beyond a reasonable doubt in the pursuit of justice, the
Public Defender has the adversarial, check and balance duty to fight
zealously and skillfully to ensure that a miscarriage of justice
does not occur; that the innocent are not falsely or mistakenly convicted
and punished while the guilty escape penalty and remain free to continue to
harm, abuse and endanger the community; that individual constitutional
rights are always protected, fair treatment and due process are always
received and everything possible is always done for what is truly
in the best interest of the client; and that clients are always
competently and candidly advised to that effect with the clear understanding
always that it is the individual client who retains the inalienable right to
make the ultimate decision of whether to go to trial before a Jury or before
a Judge (i.e. Bench Trial), or to accept a plea or sentence
bargain.
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5. How can I be appointed a Public
Defender on a Misdemeanor case?
If not incarcerated, a client is usually asked to appear on a specific
court date or within a certain number of days after receiving a ticket from
a police officer. At that time, the Judge will ask if you need an appointed
attorney. Typically, you will fill out a form which asks questions about
your income and expenses. The Judge decides whether or not the Public
Defender will be appointed to represent you. If a person
is incarcerated, the person will be brought before a Magistrate at the
Washtenaw County Jail and asked about their income and expenses. After
reviewing the information, the Magistrate will make a decision as to whether
or not the Public Defender will be appointed. If the Public Defender is
appointed, the attorney assigned to the case will go to the Washtenaw County
Jail to meet with and interview an incarcerated client. In-custody
Defendants may also be transported to a Misdemeanor Court to appear before
the assigned Judge on a case.
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6. How can I get a Public Defender on a
Felony case?
On Felony cases, an arrest warrant is usually issued by the Prosecutor
Office. The Defendant may be able to appear before a Magistrate for
arraignment if they receive notice of the charges. Usually the person is
arrested on the warrant by the police. In either situation, the Defendant
will be asked whether or not a court appointed attorney is needed. A
financial information form will be given to the Defendant to complete. If
the Public Defender is appointed, in-custody clients can expect that a
member of the Public Defender trial lawyer team will seek to timely meet
with them well before their court date to discuss the case with them and
review any police report information. Defendants who are not in custody are
given information on how to contact the Office to find out who on the Public
Defender team will be the lead trial lawyer assigned to them. back to top
7. What if I hire a private attorney
and run out of money before the case is over?
The Public Defender Office can be appointed at any time during Court
proceedings, up to and including trial and sentencing. Our office is often
appointed if the Defendant has a change in financial circumstances. We are
also appointed as stand-by legal counselor Defendants who choose to
represent themselves.
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8. What if I do not have an attorney
but have questions about a criminal matter?
A Public Defender is made available on a daily basis for 'Attorney Of
The Day' duty. That attorney serves a community service function by
answering general questions from the public. An Assistant Public Defender
assigned as 'Attorney Of The Day' may also handle emergencies that would
require the presence of an attorney.
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