Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
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Call Us NowDenver Public Defender – Do I qualify for a free lawyer?
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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) | $31,893.75 |
| 2 | $43,137.50 |
| 3 | $54,381.25 |
| 4 | $65,625 |
| 5 | $76,868.75 |
| 6 | $88,112.50 |
| 7 | $99,356.25 |
| 8 | $110,600 1 |
How do I apply for a Denver public defender?
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
How do I reach the Denver Public Defender?
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’s 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.
Do I have to repay public defenders?
Only if the court finds that you have the ability to pay. This is rare.3
Are public defenders as good as private attorneys?
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.
For additional help…
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.
Helpful Links
- Denver Public Defender forms (includes forms for appellate and juvenile delinquency cases)
- Office of the Colorado State Public Defender
- Office of the Federal Public Defender
- List of Public Defender Offices in Colorado by judicial district (includes contact information/phone numbers)
- Colorado Legal Services (help in civil cases)
- Legal Aid Foundation of Colorado (help in civil cases)
- American Bar Association
Legal References
- Chief Justice Directive 04-04 (amended July 2022). HHS Poverty Guidelines for 2023, Assistant Secretary for Planning and Evaluation (ASPE). See also Michael Karlik, State Supreme Court broadens eligibility for court-appointed counsel, Colorado Politics (February 9, 2022)(“[D]efendants are entitled to an appointed attorney when they personally do not have access to sufficient funds — even if they live with people who do.”).
- Applying for a Public Defender, Office of the Colorado State Public Defender. CRS 21-1-103. See also People v. Shank, (2018) CO 51, 420 P.3d 240. See note 1. CRS 21-1-103.
- See note 1. See also Pineda-Liberato v. People, (2017) CO 95, 403 P.3d 160
About the Author
Michael Becker
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.