Public Defender
The Broward County Public Defender represents eligible people in criminal cases in Broward County. This article explains when the office may be appointed, how to submit an application, what happens after an arrest or appointment, and how to work with your assigned lawyer.
What the Public Defender Handles
The Law Office of the Public Defender serves Florida’s Seventeenth Judicial Circuit in Broward County. Its work centers on representing people arrested for or charged with violations of state criminal law who are determined to be indigent under Florida law. The office describes its criminal defense work across misdemeanor, felony, juvenile, major crimes, appellate, and specialty court divisions.
Being arrested or charged does not, by itself, appoint the office to your case. An application must be submitted to the Broward County Clerk of Courts for an indigence determination. The Public Defender’s office explains that it cannot represent someone in a case until it has been appointed. If you already have a court date, treat that date as separate from the application process; filing an application does not replace an appearance in court.
Not every legal matter qualifies for appointed counsel. The office warns that the Clerk assesses an application fee for every application submitted, even when the issue does not entitle the applicant to an appointed attorney. If you are uncertain whether your matter is eligible, the office directs you to ask through the general questions option on its homepage before applying. The Client Services page explains the office’s role and the ways to submit an application.
How Appointment Is Determined
The Clerk Reviews Indigence
Applications for Public Defender services go to the Broward County Clerk of Courts. The Clerk determines indigence; the Public Defender’s office provides representation after appointment. Keeping those roles separate can prevent a common mistake: sending an application to the defense office and assuming that doing so completes the Clerk’s review.
The office’s application process page says that a person arrested for or charged with a criminal violation of state law may receive representation if determined to be indigent. A completed application is therefore a request for consideration, not confirmation that a particular lawyer has been assigned.
The Application Fee
The Clerk assesses a $50 fee for each application filed for consideration of Public Defender appointment in a criminal matter. According to the Public Defender’s office, the fee is nonrefundable and applies whether or not a Public Defender is ultimately appointed. A person found to be indigent will not be refused an attorney because they cannot pay the fee.
Payments and payment plans for this application fee are handled through the County Clerk of Courts, not the Law Office of the Public Defender. The office says the fee can be paid or a payment plan arranged at the Clerk’s office. Do not send an application fee to the defense office when submitting paperwork or contacting its staff about a case.
Submitting an Application
Online Application for Adults
The Public Defender’s online application page provides access to an application for appointment. The office instructs applicants to complete and sign it, then email it to the Clerk of Courts at felonyeclerk@browardclerk.org for an indigence determination. Opening the application page or filling out a form without sending the completed, signed application to the Clerk does not follow the submission instructions described by the office.
The online application is currently unavailable for juvenile cases, according to that page. Families dealing with a juvenile matter should not assume the adult online route applies. The Public Defender’s office offers assistance with navigating the online application process through its main phone number, which appears in the office list below.
Mail or In-Person Submission
Applicants may also mail or bring a completed and signed application to the Broward County Clerk of Courts. The Clerk’s submission location is in the East Building, first floor, Room 1360, at the address in the final office list. This is a different destination from the Public Defender’s office in the North Wing. If you are delivering an application in person, the room and building matter as much as the street address.
Before submitting, confirm that the application is complete and signed. The instructions call for both. If you have questions about the office’s services or the application route, contact the Public Defender’s office; submit the application itself to the Clerk as directed. Keep track of any court date or instructions you have already received while the application is being considered.
Application From Jail
A person in jail is to receive an application before the first appearance hearing, according to the Public Defender’s homepage. If a loved one is incarcerated in the Broward County Jail and is requesting the office’s services, the office asks family members to contact it. It says staff will ensure the person receives an application and will facilitate submission to the Clerk.
That process is distinct from submitting an adult application by email or delivering one at the courthouse. Family members can alert the office that the person in custody needs an application, but the Clerk still makes the indigence determination. When calling, explain that the person is in the Broward County Jail and is requesting Public Defender services.
First Appearance After an Arrest
The early representation process describes the initial steps after a physical arrest. A person may be taken to the Main Jail in Fort Lauderdale for booking. Depending on the arrest, release may be permitted or a monetary bond may be required. The office states that under Florida law, an arrested person is entitled to see a judge within 24 hours of arrest.
At the first appearance, also called the magistrate hearing, the judge considers whether there was probable cause to support the arrest. The judge also addresses release from jail and any conditions of release. A condition may involve posting bail or bond, refraining from certain activities, or meeting other requirements set by the judge. The hearing is an early court event; it is not the point at which every question about the criminal case is resolved.
The office says a person has the right to an attorney at the first appearance. Someone who cannot afford an attorney may receive Public Defender representation through the application process if the Clerk determines indigence and the office is appointed. If the person remains in custody, making sure the application is received is a practical first step toward that determination.
Hearing Location and Schedule
The office’s first appearance hearing page identifies Courtroom 04155 in the Broward County Courthouse’s West Wing, 201 SE 6th Street, Fort Lauderdale, as the hearing location. It describes weekday first appearance dockets at 8:30 a.m. and 1 p.m. and a morning docket at 8:30 a.m. on weekends and court holidays. A person who completes intake at the Main Jail before 4 a.m. traditionally appears on the morning docket, but that description should not be treated as an individual hearing assignment.
Spanish and Creole interpreters are available as needed. Family members and loved ones may attend first appearance hearings; the office encourages them to show support and ties to the community. Anyone going to a hearing should distinguish the West Wing courtroom from the Clerk’s application room in the East Building and the Public Defender’s office in the North Wing. All three are associated with the judicial complex but serve different purposes.
Working With an Assigned Lawyer
Once appointed, the Public Defender’s office can begin preparing the defense. Its court process explanation says an intake meeting may be conducted by an assistant public defender, witness interviewer, investigator, or legal intern. The interviewer asks questions and passes the information to the lawyer. If an application was not completed in court, the office says that issue will be handled during intake.
If you are out of jail and the office has been appointed to your case, contact the office as soon as possible to make an appointment with your lawyer. The office specifically cautions clients against waiting until the day before trial. Early contact gives you a chance to identify the assigned lawyer, discuss upcoming hearings, and provide information that may take time to investigate.
Information That Helps the Defense
The office asks clients to answer intake questions truthfully and give their lawyer an accurate account of what happened. It also identifies witness names and addresses as useful information. An investigator may interview witnesses against the client and try to locate defense witnesses; incomplete or inaccurate contact details can make that work harder.
Before speaking with your lawyer, organize information you already have about the charge, court appearances, and people who may have relevant knowledge. Give witness information to the defense team rather than approaching prosecution witnesses yourself or asking someone else to do so. The office warns that contacting those witnesses can create a risk of a witness-tampering charge.
Private Case Discussions
The Public Defender repeatedly cautions clients against discussing the facts of a case with anyone other than their attorney. Its court process page says information given to the office’s investigators and interns is confidential and passed to the lawyer. It also warns against discussing case facts with family, friends, cellmates, reporters, probation officers, or police officers without first addressing the matter with counsel.
For clients in jail, the office says staff visit the jails when an in-person meeting is necessary. A phone call may resolve some issues when telephones are available, but the office cautions clients against discussing case facts on a jail telephone or within hearing of other people. Requests about jail food, clothing, medicine, or visits by friends and relatives should go to the people in charge of the jail rather than the defense office.
What Happens as the Case Moves Forward
Charges, Investigation, and Discovery
After a first appearance, an arraignment may be scheduled. The office explains that charges are generally read at arraignment, a Public Defender lawyer enters a plea, and a later court date is set when the plea is not guilty. The prosecutor makes decisions about filing and pursuing charges; the Public Defender represents the client’s interests in the case.
Case preparation can involve reviewing the charges, interviewing the client, investigating witnesses, and seeking discovery. The office describes discovery as a way for counsel to obtain material such as witness lists, police reports, statements, and expert reports. Cases differ, and preparation may take longer when the facts or evidence are more complicated. If you do not understand the pace of your case, ask your lawyer about the work underway and the next scheduled event.
The lawyer may also discuss possible defenses, plea offers, and trial with you after reviewing the available information. The office explains that a negotiated plea requires the client’s approval and that a judge is not required to accept an agreement. Questions about a plea or motion belong with your assigned lawyer, who can address them in the context of your case.
Court Dates and Address Changes
The office instructs clients to attend all court hearings unless their lawyer tells them otherwise. If your address changes while you are awaiting trial, notify your lawyer promptly so you can receive notice of future appearances. The office recommends arriving before the scheduled time to allow an opportunity to discuss the case with counsel.
If you cannot arrive on time, notify your lawyer immediately. Missing or arriving late to a hearing can have serious consequences, including an arrest warrant, according to the office’s court process page. A scheduled trial date also does not guarantee the trial will begin that day. The office explains that multiple cases can be placed on the same docket and a client may need to spend considerable time at the courthouse before learning what will happen next.
Sentencing and Appeals
If a case reaches sentencing, the office advises clients to discuss with their lawyer whether to speak to the judge and what they want the judge to hear. It also asks clients to tell counsel in advance about people they want to speak on their behalf. A lawyer can explain how those decisions fit the individual case.
The office’s court process page states that a person who is convicted and wants to appeal must act within 30 days after sentencing. Anyone considering an appeal should discuss it with their lawyer as soon as possible rather than waiting until that period is nearly over. The office also explains that an appeal concerns claimed legal errors or denied rights; it is not simply a new opportunity to present the entire case.
Questions and Concerns About Representation
If you are unsure who represents you after appointment, need to arrange an appointment, or have a question about the office’s services, use the Law Office of the Public Defender’s contact page. Its form includes categories for case information, attorney information, and general questions. The office also notes that emails directed to it may become public records under Florida public records law.
Concerns about how a case is being handled should first be discussed with the assigned lawyer, according to the office’s court process page. If the concern remains unresolved, the office instructs clients to put the complaint in writing and mail it to the Public Defender. For written questions or complaints addressed to a lawyer, the office suggests marking the envelope “Confidential, Attorney/Client Communication.”
Relevant Offices
Law Office of the Public Defender, Seventeenth Judicial Circuit: Broward County Judicial Complex, 201 SE 6th Street, Suite 3872, Third Floor, North Wing, Fort Lauderdale, FL 33301. Phone: 954-831-8650.
Broward County Clerk of Courts: 201 S.E. 6th Street, East Building, 1st Floor, Room 1360, Fort Lauderdale, FL 33301.
Public Defender FAQs
Can my public defender ask the judge to lower my bond?
Yes. If the bond seems high in light of the charge, the evidence, or your circumstances, your lawyer may file a motion asking the judge to reduce it. Tell your lawyer about your work, where you live, family ties, and any history of appearing in court as required. The judge decides whether to change the bond or order another form of release; filing a motion does not guarantee release.
Can I choose a different public defender?
Appointment to the office does not give you the right to select a particular lawyer. If you have a concern about your representation, discuss the specific issue with your assigned lawyer first. If it remains unresolved, the office instructs clients to put the complaint in writing and mail it to the Public Defender. Its court process guidance explains this procedure.
Should I file my own motion while I have a lawyer?
No. The Public Defender’s office says that a court may strike a motion you file yourself while represented, and statements in it could harm your case. Explain to your lawyer what you want the judge to consider and provide any documents that support your request. Your lawyer can assess whether a motion is appropriate and handle the filing.
Could a diversion program lead to dismissed charges?
Possibly. The office describes pretrial intervention as a selective option, primarily for people charged with nonviolent offenses who are first offenders or have no significant prior record. Entry requires approval from the victim, arresting officer, prosecutor, and judge. Charges are dismissed if a participant successfully completes the program. Ask your lawyer whether your case may qualify and what participation would require.
Who decides whether I accept a plea offer?
You do. Your lawyer can explain the proposed terms, possible sentences, and how the offer compares with proceeding toward trial. A negotiated plea requires your approval, and the judge does not have to accept it. Before deciding, ask your lawyer to explain every condition and any questions you have about the rights you would give up.