Public Defender Representation Guidelines

Summary

Public defenders in Pennsylvania are not obligated to represent individuals in summary traffic cases unless there is a potential for incarceration. If a sentence of incarceration is imposed, the public defenders office may provide representation on appeal. Summary traffic violations are considered the least serious offenses, and individuals may need to seek private legal representation for such cases.

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COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY PUBLIC DEFENDER REPRESENTATION DECISION * March * Mr. Steve Brusca * Linda Vista Drive Jenkintown, PA * Docket: MJ38103-TR-*-* Charge: * Pa.C.S.A. *(a) Dear Mr. Brusca: Our office reviewed your application and determined you are not eligible for Public Defender representation. Although you qualify for public defender services because of your indigency status, the Commonwealth charged you with a summary traffic violation. The United States Constitution does not require the Commonwealth of Pennsylvania nor its public defender offices to provide representation in summary traffic cases before the Magisterial District Courts. If the magisterial district judge sentences you to a term of incarceration, the Public Defender's office will represent you on appeal before the Montgomery County Court of Common Pleas. Thank you for your inquiry. Please feel free to contact our office with any questions .
It looks like you have been charged with driving under suspension (* Pa.C.S.A. *(a)) and the Public Defender's office has denied representation for your summary traffic violation. Here’s some general information about your situation:
- Summary Traffic Violation: In Pennsylvania, summary traffic offenses are the least serious category of traffic violations.
- Public Defender Eligibility: Public defenders typically do not represent individuals in summary traffic cases unless there is a potential for jail time.
- Right to Representation: If the judge imposes a sentence of incarceration, you may qualify for public defender services on appeal.
Would you like more information on how to proceed with your case or explore options for legal representation?