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If you are facing felony or misdemeanor charges carrying jail time in Denver, the court will appoint you a deputy public defender if you cannot afford private counsel.
Ultimately, the court has jurisdiction to decide whether you are indigent and therefore entitled to court-appointed counsel.
In general, you are probably eligible for a public defender if your annual income is no more than the following amounts, based on the number of people in your household.
| Family/household size | Annual income |
| 1 (just you) | $22,781 |
| 2 | $30,813 |
| 3 | $38,844 |
| 4 | $46,875 |
| 5 | $54,906 |
| 6 | $62,938 |
| 7 | $70,969 |
| 8 | $79,000 1 |
If you are in jail, you automatically get a public defender for as long as you remain incarcerated. Then if or when you bail out or receive O.R. release, you have to apply to retain your public defender by filling out a JDF208 Form – Application for Public Defender.
Otherwise, the judge can withdraw your public defender. You then will have to hire your own counsel or represent yourself.
Meanwhile, if you are not in jail, you have to apply for a public defender by completing a JDF208 Form – Application for Public Defender. During the first court appearance (call the arraignment), the judge will ask you whether or not you can afford private counsel. If you reply no, the clerk will give you the JDF208 Form to fill out.
The JDF208 Form asks for the following information:
| Defendant’s sources of income | Defendant’s expenses | Defendant’s assets |
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You may have to include supporting information such as pay stubs and bank statements.
Note that if you intentionally lie on the JDF208 Form, you face criminal perjury charges.2
You can contact the Denver Public Defender’s Office at (303) 620-4999 and [email protected]. The office address is 1560 Broadway, Suite 300, Denver, CO 80202.
Note that if the case was a misdemeanor or traffic offense in the incorporated city of Denver, then you would be represented by the Denver Municipal Public Defender. The phone number is (720) 865-2840. The email is [email protected]. The office address is 1437 Bannock Street, Suite 500, Denver, CO 80202.
If you are facing federal charges, you can call the Federal Public Defender in Colorado at 303-294-7002.
Note that deputy public defenders simply have too many clients to return everyone’s calls or emails. Therefore, it is not unusual for you to first speak with your deputy public defender at your arraignment.
Only if the court finds that you have the ability to pay, which is rare. Note that you have to pay a $25 processing fee once the case ends, but even that can be waived if you have no means to pay.3
If you are indigent, you may also be eligible for a deputy public defender in criminal appellate cases. Though there are strict deadlines for filing, so you should consult with your deputy public defender as soon as possible following the conviction.
If you have grievances, you can submit complaints to the Colorado State Public Defender’s Office at [email protected] or to the Denver Municipal Public Defender’s Office at [email protected].
Deputy public defenders are excellent criminal justice attorneys, but they are overworked and understaffed. Consequently, you may feel that your assigned public defenders are not doing the best possible job on your case. Chances are you will never get to consult with your assigned public defender outside of the courtroom because they are too busy to return phone calls.
Private attorneys have the time and resources to thoroughly investigate each case, work up the best possible defense, and negotiate aggressively with prosecutors for the best possible resolution. In practice, prosecutors tend to offer better plea deals if you have a private attorney because they know your defense attorney will fight the case.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.