It is a constitutional guarantee that every individual will be appointed an attorney if unable to afford one. A public defender is an attorney available to criminal defendants who cannot otherwise afford legal representation. In California, your husband will likely see a duty public defender available during his first court appearance. If your husband is out of custody at the time of the first court appearance, the court may ask your husband to complete a financial declaration form to determine whether your husband meets the financial qualifications to be appointed a public defender, or if your husband can afford to hire his own private attorney. For more information about obtaining a public defender, see http://www.sdcounty.ca.gov/public_defender/answers.html.