BM is In-Custody so he's automatically eligible for a PD. He doesn't even have to apply.
Applying for a Public Defender | Office of the Colorado State Public Defender
Adult Charges and Revocations
In-Custody:
If you are in custody and felony or misdemeanor charges have been filed or you have a court date for a revocation, you are automatically eligible for court-appointed representation.
If you are released from custody after counsel has been appointed, you must fill out the Application for Public Defender/Court Appointed Counsel in a Criminal Case
JDF208 (in Spanish). If you fail to timely complete an application, the court-appointed counsel may withdraw from your case.
Out-of-Custody: You may apply for court-appointed counsel at any Public Defenders Office regardless of where your charges were filed. For a list of the Public Defenders 21 state-wide regional offices and contact information for those offices see the
Public Defender Offices page.
To apply for court-appointed counsel, you must fill out each section of the Application for Public Defender/Court Appointed Counsel in a Criminal Case,
JDF208 (in Spanish). Proof of your gross (before taxes) household income must be provided which may include pay stubs, income tax returns, letters from employers, or award letters from SSI or unemployment. Household income includes documentation from any family member living in the household who is working and contributing to the common support of the household. It does not include a roommate’s income unless you have access to and proprietary rights in your roommate’s income. Please refer to form JDF208 for more information regarding the required financial documentation.
When applying for representation, in addition to your financial information, you should also provide all paperwork you have received regarding the case, including charging documents.