Most people charged with a crime in San Diego County are represented by a public defender, and most online advice comparing the two is written for no county in particular. This guide covers how the system works here: which offices provide appointed counsel, how a lawyer is assigned at arraignment, what the county can ask you to pay, and where the appointment ends.
Marc Kohnen has defended cases in every branch of the San Diego Superior Court since 2008, and the deputy public defenders here are, in his experience, capable trial lawyers. The useful question is what the structure of appointed defense allows them to do for you, and when.
Who Provides Public Defense in San Diego County
San Diego County has four providers of appointed defense. All are county funded, none charges you, and you do not choose among them; the court moves down the list only when a conflict is declared.
- The Office of the Public Defender, often called the Primary Public Defender, with branches serving the downtown, Vista, El Cajon and Chula Vista courthouses and a juvenile division.
- The Office of the Alternate Public Defender, a separate county office with its own attorneys, investigators and files, which takes the Primary office's conflict cases.
- The Multiple Conflicts Office, which takes the case when both offices are conflicted, most often with three or more co-defendants.
- Private conflict counsel, private defense attorneys appointed through the county's Office of Assigned Counsel when the three offices are unavailable.
How a Public Defender Is Appointed at Arraignment in San Diego
Arraignment is the first court appearance and the point of appointment. The case is heard at the branch serving the area of the alleged offense: the Central Courthouse downtown, Vista for North County, El Cajon for East County, Chula Vista for the South Bay. Those in custody are brought from Central Jail, Las Colinas or the Vista Detention Facility.
Under Penal Code section 987, the judge must advise you of the right to counsel and appoint a lawyer if you cannot afford one. A deputy public defender is already on the arraignment calendar. If you ask for appointed counsel, that deputy speaks with you briefly, enters a not guilty plea, addresses bail or release conditions and sets the next date. If you are still deciding, judges commonly grant one short continuance to hire counsel; in custody, that delay costs days in jail.
Financial Eligibility and Whether You Pay the County Back
The court may ask about your finances at arraignment or through a financial declaration covering income, dependents, assets and any bail posted. A job or a home does not automatically disqualify you. The question is whether you can pay for a defense of this seriousness without depriving your family of necessities.
For many years, Penal Code section 987.8 allowed a hearing at the end of the case at which a defendant with the ability to pay could be ordered to reimburse the county for appointed counsel, and section 987.5 authorized a registration fee. Assembly Bill 1869 repealed that authority effective July 1, 2021, and Penal Code section 1465.9 made earlier unpaid balances unenforceable and uncollectible. As of 2026, an adult represented by a San Diego County public defender is not billed for it. Answer the screening questions accurately regardless.
What Happens When the Public Defender Has a Conflict of Interest
The Office of the Public Defender is treated as a single law firm. If it represents or has represented someone whose interests are adverse to yours, it cannot represent you.
- Co-defendants. The Primary office can represent only one person in a case; the others go to the Alternate Public Defender, then the Multiple Conflicts Office, then private conflict counsel.
- Witnesses and alleged victims. If a key prosecution witness or the person named as the victim is a current or former client, the office usually declares a conflict.
- Late discovery. A conflict can surface months in, and the case then transfers to a new lawyer who starts over.
Caseloads, Units and Whether the Same Lawyer Stays on Your Case
Each courthouse has felony and misdemeanor attorneys, and a juvenile division appears in delinquency court. The office handles misdemeanors whether the City Attorney or the District Attorney is prosecuting; the most serious felonies go to senior attorneys.
Caseloads are heavy. Public defenders carry more open cases than most retained lawyers would accept, which means less time per client, investigation requests that wait in a queue, and negotiations in the hallway on the morning of a hearing. Time is the scarce resource, and the organized, reachable client gets more of it.
Continuity varies. In vertical representation one lawyer handles the case from arraignment to disposition. In horizontal representation an arraignment attorney covers the first hearing and the case is then reassigned. Practice depends on the branch and staffing, so ask your deputy at the first meeting whether they will be your lawyer through the end.
What a San Diego Public Defender Cannot Do for You
The appointment begins when the court makes it and ends when the criminal case ends. Outside those lines:
- Pre-filing representation. Before charges are filed there is no case and no appointment, so no one from the office can contact the prosecutor reviewing your arrest, present evidence to the filing deputy, or arrange a self-surrender.
- DMV hearings in DUI cases. The license suspension is a separate administrative proceeding with a ten-day request deadline under Vehicle Code section 13558. Some deputies request the hearing as a courtesy; most do not appear at it.
- Immigration court. The office advises on the immigration consequences of a plea, as Penal Code section 1016.3 requires, but does not appear before immigration authorities.
- Licensing boards, security clearances, employment discipline, family court and civil restraining orders, and civil suits arising from the same incident.
- Choosing the lawyer. You are assigned a deputy and cannot request a particular one.
What a Private Attorney Can Do, and Why Timing Matters
A retained lawyer is not limited by an appointment. Before charges, a private lawyer can contact the filing deputy, submit evidence and context, and in some cases persuade the office not to file or to file a lesser charge. A substantial share of Marc Kohnen's work happens in that window. Every case is different and prior results do not guarantee a similar outcome.
At arraignment, retained counsel can appear for you in many misdemeanor cases under Penal Code section 977, argue bail with preparation, and have already requested the DMV hearing. During the case, investigation starts when the lawyer decides, the same lawyer handles every hearing, and collateral matters are coordinated by one office. Hiring after arraignment is common; what you lose by waiting is the pre-filing window and possibly the DMV deadline.
What Private Defense Costs in San Diego and What to Ask
Fees here are usually a flat fee for a defined stage, pre-filing, through the preliminary hearing or readiness conference, and trial, with investigators, forensic witnesses and records billed in addition. Business and Professions Code section 6148 requires a written fee agreement in most matters over $1,000, so ask for one and read it. A public defender is free; the trade is paying for control over timing, continuity and scope. Questions to ask:
- What does the fee cover, and what happens if the case goes to trial?
- Who will handle my hearings, you or another lawyer in the office?
- Have you tried cases to a jury in this courthouse?
- Will you handle the DMV hearing, restraining order or licensing issue, and is that included?
Replacing or Supplementing an Appointed Lawyer: Marsden Motions and Hybrids
To replace an appointed lawyer you make a Marsden motion, named for a 1970 California Supreme Court decision. The prosecutor is excused and you explain the problem to the judge, who grants the motion only if the lawyer is providing inadequate representation or the relationship has broken down so badly that ineffective representation is likely. Disagreement over strategy or frustration about caseload is not enough, and most are denied. If granted, you receive a new appointed lawyer, not one of your choosing.
Retaining private counsel requires no motion. You may substitute in a retained lawyer any time before trial, though a judge can deny a substitution on the eve of trial that appears designed to delay. Some people use a hybrid: the public defender handles the criminal case while a private lawyer takes one piece, most often the DMV hearing, a family court restraining order, or immigration advice before a plea.
How to Decide Between a Public Defender and a Private Attorney in San Diego
There is no single right answer. Work through these honestly.
- Have charges been filed? If not, only a private lawyer can act now, and that matters most in domestic violence, DUI and first-offense cases.
- Is this a DUI? The DMV deadline runs from the arrest, whether or not the case has been filed.
- Is a professional license, immigration status, security clearance or custody case at stake? Those need coordination the appointment does not cover.
- Can you pay a fee without harming your family? If not, take the appointment without embarrassment.
- Have you met the deputy? Before deciding to replace them, ask about continuity and their plan.
What to Do Next
If charges have not been filed, call a lawyer before the arraignment rather than after it. Do not discuss the facts with police or prosecutors; ask for a lawyer. Preserve texts, photographs, receipts and witness names. In a DUI, count ten days from the arrest and make sure someone requests the DMV hearing.
If a public defender has already been appointed, meet your deputy, ask the continuity question, and get advice now on anything the appointment does not reach. Marc Kohnen is available 24 hours at (619) 398-2500. The office is at 425 Tenth Avenue, a short walk from the Central Courthouse and Central Jail, and a family member can make the first call.
Questions People Ask
How do I get a public defender in San Diego?
Ask for one at your arraignment. Under Penal Code section 987 the judge must advise you of the right to counsel and appoint a lawyer if you cannot afford one, and a deputy public defender is present on the arraignment calendar at the downtown, Vista, El Cajon and Chula Vista courthouses. You will answer a few questions about your finances. You cannot obtain a public defender before charges are filed, because there is no case in which the court can appoint counsel.
Do I have to pay back the public defender in San Diego?
Not anymore. Penal Code section 987.8 used to allow an end-of-case hearing at which a defendant able to pay could be ordered to reimburse the county, and section 987.5 authorized a registration fee. Assembly Bill 1869 repealed that authority effective July 1, 2021, and Penal Code section 1465.9 made unpaid balances from earlier cases unenforceable and uncollectible. An adult represented by a San Diego County public defender in 2026 is not billed for that representation. Fines, restitution and program costs may still be owed if convicted, but those are not charges for the lawyer.
Can I hire a private lawyer after being assigned a public defender?
Yes, at any point before trial. Your new lawyer files a substitution of attorney, the public defender's office transfers the file, and the court usually grants a reasonable continuance so retained counsel can prepare. No Marsden motion or showing of a problem with the deputy is required. A judge can refuse a substitution made on the eve of trial that appears intended to delay, so the earlier the change, the smoother it is. What you cannot recover is the pre-filing window and, in a DUI case, a DMV deadline that has already passed.
Will the public defender handle my DMV hearing?
Usually not. The administrative per se hearing that decides whether your license is suspended after a DUI arrest is a separate civil proceeding at the DMV, and the court appoints the public defender for the criminal case only. Some deputies will request the hearing as a courtesy, but most do not appear at it. The request must be made within ten days of receiving the notice of suspension, which the officer normally hands you at the arrest, under Vehicle Code section 13558, or the suspension takes effect automatically. Either request the hearing yourself immediately or retain a private lawyer for that piece while the public defender handles court.
What is the Alternate Public Defender?
It is a second, separate county office of appointed lawyers. Because the Primary Public Defender is treated as one law firm, it cannot represent two people with adverse interests, such as co-defendants or a defendant and a prosecution witness. When that conflict arises, the court appoints the Alternate Public Defender, which has its own attorneys, investigators and files and no access to the Primary office's records. If both offices are conflicted, the case goes to the Multiple Conflicts Office and then to private conflict counsel. Assignment to the Alternate office does not mean a lesser lawyer.
This guide is general information about California law, not legal advice about any specific case. Legally reviewed by Marc S. Kohnen, Attorney at Law, State Bar of California #255303, defending San Diego since 2008.
Free, confidential case evaluation, available 24 hours at (619) 398-2500.