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Defendants facing criminal charges in Denver are entitled to their own deputy public defender if they cannot afford private counsel. The Denver Public Defender’s Office offers two pathways for indigent defendants to qualify for a court-appointed criminal defense attorney:
In addition, the defendant must be facing criminal charges for felonies or for misdemeanors carrying jail time or order to qualify for a public defense.2
The chart below lists 2022 poverty levels depending on the defendant’s household size:
| Persons in family/household | Poverty level | 125% of poverty level |
| 1 | $13,590 annual income | $16,987.50 annual income |
| 2 | $18,310 annual income | $22,887.50 annual income |
| 3 | $23,030 annual income | $28,787.50 annual income |
| 4 | $27,750 annual income | $34,687.50 annual income |
| 5 | $32,470 annual income | $40,587.50 annual income |
| 6 | $37,190 annual income | $46,487.50 annual income |
| 7 | $41,910 annual income | $52,387.50 annual income |
| 8 | $46,630 annual income | $58,287.50 annual income |
| For families/households with more than eight people, add $4,720 for each additional person.3 | ||
Defendants who are in jail automatically get a public defender for as long as they remain incarcerated. Then if or when they bail out or receive O.R. release, defendants have to apply to retain their public defender by filling out a JDF208 Form – Application for Public Defender. Otherwise, the judge can withdraw their public defender. And defendants will then have to hire their own counsel or represent themselves.
Meanwhile, defendants who are not in jail 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 the defendant whether or not he/she can afford private counsel. If the defendant replies no, the clerk will give them 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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Defendants may have to include supporting information such as pay stubs and bank statements.
Note that defendants who intentionally lie on the JDF208 Form face criminal perjury charges.4
Defendants can call 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 indigent defendants are represented by the Denver’s Municipal Public Defender. The phone number is (720) 865-2840. The email is [email protected]. And the office address is 1437 Bannock Street, Suite 500, Denver, CO 80202.
No. When the case with the public defender ends, the court can order the defendant to pay a $25 processing fee. But if the defendant has no means to pay, the court can waive this fee.5
Deputy public defenders are excellent criminal justice attorneys, but they are overworked and understaffed. Consequently, defendants often feel that their assigned public defenders are not doing the best possible job on their case. Most defendants never get to consult with their 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 to defendants who have a private attorney because they know the defense attorney will fight the case.
Arrested? Do not rely on court-appointed counsel for your criminal case. Our DUI and criminal defense attorneys serve the city and county of Denver, Aurora, Boulder, and throughout the state of Colorado. Contact our law firm today.
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.
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