Frequently Asked Questions

The Public Defender’s Office is appointed by a judge for people who cannot otherwise afford to hire an attorney. To obtain services of the Public Defender’s Office, you must do the following:

• Appear in court at your first court date. The judge will ask you to fill out an Affidavit of Assets and Liabilities.
  • This document outlines your current financial status and allows the judge to see if you are able to hire a private attorney
• It is up to the judge to decide whether or not the Public Defender will represent you. Our office cannot make decisions on who gets appointed an attorney.
• If you are in custody, the Public Defender may be appointed unless private counsel has already been hired.
• If you have hired or retained a private counsel but can no longer afford his or her continued representation, please inform the court as soon as possible that you would like a Public Defender to represent you.

• Please give our team about 2-3 weeks after the appointment by the judge before you contact our office. This is so we have a chance to open the file, assign an attorney to your case, and allow the attorney to get acquainted with the file and charges.
• Most attorneys will call you, the client, a week or two before your next scheduled court date. We will use the phone number you provided on your affidavit of assets and liabilities. If your contact information changes, be sure to update our office so we can communicate with you.

If you do not know your next court date, it is YOUR RESPONSIBILITY to learn it before the court date passes.

• Contact the Clerk’s Office for any future court dates
  • Criminal Division: 815-895-7138
• Input your information in this link for the next court date: https://dekalbcounty.org/departments/circuit-clerk/online-records/
• Sign up for automatic court date alerts through this portal: https://www.clericusmagnus.com/enotify_dekalb.htm

• Please contact your attorney before court to see if you are permitted to appear via zoom.
• Follow this link: https://dekalbcounty.org/departments/circuit-clerk/courtroom-live-stream-cc/

• No. Once you are represented by a private attorney, the Public Defender cannot speak with you.

You were charged with a non-detainable criminal offense. When Illinois eliminated cash bond, certain offenses were categorized as detainable and non-detainable. If you received a Notice to Appear (NTA) document from a police officer, you were charged with a crime. You must appear in court at the listed date and time at the bottom of the document. Failure to do so will result in a warrant issuing for your failure to appear in court.

The Public Defender can provide general information regarding the court process. However, we cannot discuss the specifics of your case until we are appointed to represent you.

The Public Defender provides representation in the following types of cases: misdemeanor, felony, traffic, domestic violence, and certain juvenile proceedings.

If you are being sued, have had your vehicle forfeited in relation to your criminal case, are being evicted from your home, have a worker’s compensation claim, want a divorce, are looking to expunge your criminal record etc., you may qualify for assistance from other agencies. We do not handle those types of cases.

Yes! Public Defenders are real attorneys. The attorneys in the DeKalb County Public Defender’s Office are all licensed to practice law by the State of Illinois. All of our attorneys graduated from accredited law schools and passed the Illinois Bar Examination.

The Public Defenders have a deep understanding with the particular court processes in the courtroom in which the case will be held.

If you are currently represented by an attorney inform him or her immediately. The attorney will attempt to help you to place your case on the court’s calendar to clear it up.

It is always advisable for you to turn yourself in to Law Enforcement as soon as possible.

If you do not have an attorney, call the DeKalb County Circuit Court Clerk’s Office and find out which Judge issued the warrant. You will then need to either hire an attorney to take your case or you can go to the Clerk’s Office and file a motion to have your case brought into court. This will involve a fee. The Clerk’s office can assist in the filing. Be advised that there is every possibility that you will be arrested on that warrant when you come to the courthouse to file that motion.

There are also no guarantees that you will not be arrested or taken into custody on the warrant until you can appear in court. There is usually a Public Defender available in court when you appear in front of the judge. If not, make a request for court-appointed counsel.

Cash bond no longer exists in Illinois. If you have a warrant that was issued after September 18, 2023, there will be no bond for you to post to be released from custody. Each case has different issues attached to it, so you may or may not be released from custody after a warrant has been executed. Contact our office for more information on your specific case.

We do not handle expungements. An expungement is only one of the ways to remove a conviction from your record. Please refer to the link below for more information.

https://osad.illinois.gov/expungement/expungement-and-sealing-general-information.html