How to Apply for Eligibility for the Public Defender or Private Home Detention Monitoring Program

When to Apply with a District Court Commissioner

COVID-19 Procedures: During the COVID-19 Emergency, you may be able to apply for eligibility for the Public Defender or private home detention monitoring by mail, fax, or e-mail. Please contact your local Commissioner’s office for specific procedures to apply in each jurisdiction. Commissioner locations can be found at: https://mdcourts.gov/district/directories/commissionermap

Private Home Detention Monitoring Program

If you are currently represented by a Public Defender in the case in which you are applying for the Private Home Detention Monitoring Program, you are already qualified and do not need to apply.

If you applied for a Public Defender in the case in which you are applying for the Private Home Detention Monitoring Program and were found eligible within the last 90 days, but are not represented by the Public Defender, you do not need to apply for qualification.

If you have not applied for the Public Defender, or were found ineligible for the Public Defender but your financial circumstances have changed, you may apply for the Private Home Detention Monitoring Program by using the same forms and process as provided below for the Public Defender. If you are determined qualified, you are also qualified for representation by the Public Defender, but you must contact them for representation (see IMPORTANT below)

A District Court Commissioner will determine whether you qualify to be represented by the Office of the Public Defender for District Court or Circuit Court criminal cases that carry a penalty of incarceration and/or if you are qualified for the Private Home Detention Monitoring Program.

You will be interviewed by a District Court Commissioner and complete a written application, Form DC-099 and release, Form DC-099A. and You will need to provide information about your income, expenses, and assets.

Bring the following papers, along with the DC-099 Application for Representation and DC-099A Informed Consent Release Form, if you have completed ahead of time:

  1. Court charging documents/traffic tickets. (Statement of Charges/all documents issued to you by the Court.)
  2. Trial date notices from the Court. (You may apply even if you haven't received your trial date notice.)
  3. If you are employed: written proof of salary, pay stubs, or other written verification of income for the last two (2) pay periods.
  4. If you are unemployed: proof of public assistance, medical assistance, Social Security or Supplemental Security Income (SSI), or other assistance you are receiving.

When to Apply Directly with the Public Defender

  • Child in Need of Assistance (CINA).
  • Juvenile Court cases.
  • Appellate Court cases.

Visit the Office of the Public Defender website for District/County Offices www.opd.state.md.us or toll free 1-877-430-5187

District Court Commissioner Locations

Commissioner locations can be found at:

mdcourts.gov/district/directories/commissionermap

You may also call 1-833-453-9799 for location information.

You may apply at any District Court Commissioner's Office, not just in the county where you go to court.

Important

If you are seeking to be represented by the Public Defender and the District Court Commissioner determines that you are eligible, you must go to the Office of the Public Defender, with your written determination of eligibility to be represented by the Public Defender. Failure to do so will mean that you will not be represented by the Public Defender at trial.

IF YOU DO NOT HAVE A LAWYER ON THE TRIAL DATE, YOU MAY HAVE TO GO TO TRIAL WITHOUT THE ASSISTANCE OF A LAWYER.


To Check Your Qualification Status

You may check Maryland Judiciary’s Public Case Search to check your status on the website at: mdcourts.gov/courts/courtrecords.html

 

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