Do I Have a Public Defender in Bexar County?
If someone from the Bexar County Public Defender’s Office stood next to you at your Felony Offenses magistration hearing, you may be assuming that’s your criminal defense attorney San Antonio for the rest of your case. It’s worth understanding clearly that this isn’t necessarily true, and the distinction matters enormously for what you do next.
What the Public Defender at Magistration Actually Does
Under Bexar County’s own indigent defense rules, the Public Defender’s Office is appointed, automatically, to represent indigent or mentally ill arrested persons during the magistration hearing itself — but that appointment has a specific, limited purpose. The county’s own governing plan states this directly: the appointment is “for the limited purpose of representation… during the magistration process and related solely to the determination of the bond and the conditions of the bond.”
Here’s the part that surprises a lot of people: that same document states the appointment is automatically concluded once the magistration hearing ends. No motion to withdraw is even necessary — the representation simply ends there, by design.
So Is the Public Defender My Attorney Going Forward?
Not automatically. The attorney who represented you at magistration was appointed for that specific hearing — primarily to address your bond and its conditions — not to represent you through the rest of your case. If you want ongoing representation from the Public Defender’s Office or another appointed attorney, you generally need to take an additional step: separately requesting assigned counsel, typically through Bexar County Pretrial Services after magistration concludes.
This distinction matters because it’s easy to assume that once you’ve had a lawyer standing next to you, your representation is settled. In Bexar County’s system, that’s often just the first, narrowly-scoped step — not the whole picture.
Who Qualifies for Appointed Counsel
Eligibility is based on your net household income, measured against the Federal Poverty Guidelines for a household of one — a standard that’s adjusted every year, typically published in late January, rather than a fixed dollar figure that stays the same indefinitely. Because this number changes annually, it’s worth confirming the current figure directly rather than relying on an old cited amount, since a figure that was accurate a year or two ago may no longer reflect the current standard.
There’s also a more straightforward path to qualifying: you’re generally presumed indigent, without a separate income calculation, if you or your dependents are already eligible for SNAP (food stamps), Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, or public housing.
What Happens Between Arrest and Magistration
Bexar County generally follows the standard 48-hour window required under Texas Code of Criminal Procedure Article 15.17 for bringing an arrested person before a magistrate. At that hearing, you’ll be informed of your right to appointed counsel if you qualify, and this is the point where the limited-purpose Public Defender’s Office representation described above typically begins — and ends.
What This Means for Your Bexar County Case
If you had a public defender at magistration, don’t assume your representation question is already settled. The right next step is figuring out, quickly, whether you want to formally request ongoing appointed counsel, or whether retaining your own criminal defense attorney is the better path for your specific situation — and doing that promptly, since the gap between magistration and your next court date is exactly when this decision needs to be made.
Frequently Asked Questions
Q: I had a public defender at my magistration hearing. Will they represent me for the rest of my case?
A: Not automatically. That representation is specifically limited to the magistration hearing and your bond, and it concludes automatically once that hearing ends. You’d need to separately request ongoing appointed counsel if you want it.
Q: How do I request an attorney to continue representing me after magistration?
A: Generally by contacting Bexar County Pretrial Services after your magistration hearing to formally request assigned counsel, if you haven’t already retained your own attorney.
Q: How much can I earn and still qualify for a public defender?
A: This is based on the Federal Poverty Guidelines for a household of one, which adjust annually. Rather than relying on an old cited dollar figure, confirm the current threshold directly, since it changes each year.
Q: Do I automatically qualify for a public defender if I’m on food stamps or Medicaid?
A: Generally, yes. If you or your dependents already qualify for programs like SNAP, Medicaid, TANF, SSI, or public housing, you’re typically presumed indigent without a separate income calculation.
Q: How soon after arrest will I have a magistration hearing?
A: Bexar County generally follows the 48-hour requirement under Texas law for bringing an arrested person before a magistrate.
Schedule a Free Consultation
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
Division: Criminal Defense San Antonio
Practice Area: Felony Offenses
