The constitution states you have the right to an attorney, but when the public defender turns you down and you don't have money; where do you get an attorney? This is for an innocent young lady.
2006-09-07 17:26:34 · 4 answers · asked by Precious 1 in Politics & Government ➔ Law & Ethics
The Judge handed the application for a public defender to the public defender and he said she wasn't eligible. The Judge told her to get an attorney by her next court date. She can not afford to hire an attorney. She is innocent and has two babies to care for and another one on the way.
2006-09-07 18:09:25 · update #1
This is a felony offense where it is customary to receive time. We did contact the Bar Association and they were not of any help. Her income is social security death benefits for her children. She is the victim of rape by a police officer when she was only 16, the officer later shot himself in the head and committed suicide. The detective putting these charges on her is the son of her babies' daddy's best friend and chief of police. The officer that raped my daughter and gave her two babies lost his job, but the paperwork was hidden so he was able to become a chief of police in two towns afterwards.
2006-09-09 01:55:54 · update #2
You need to make an appeal to the Judge stating that you have no attorney. It is the Judge in the state of MO that assigns a public defender…if the judge has already done that but the assigned attorney has refused to work with you, you need to MAKE SURE SHE SHOWS UP for he next court date and tell the Judge. If she doesn’t show up she is up sh*t creek.
2006-09-07 17:53:48 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The US Constitution doesn't directly say you are entitled to an attorney. The US Constitution says you have a right to a fair trial, and the right to due process. The courts, through a series of decisions, have decided that when faced with a criminal offense which will result in a loss of liberty, (in other words, most felonies and many misdemeanors), a person cannot be refused an attorney based on inability to pay for an attorney.
That said, if one has a job, then in many cases the Court will determine that a person has the ability to pay an attorney. The person involved would have had to submit financial information to the Court for the determination of counsel. If that information shows that they do not meet the Court's determination that they are unable to hire counsel, then they do not qualify for a public defender.
You did not say what the defendant is charged with: If she is charged with an offense for which it is not the custom to levy a jail sentence, then the standard for a public defender may be correct.
I would suggest she contact her local or state bar association and ask for a referral for a criminal defense attorney.
2006-09-08 01:26:10 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
OK, let me try to get this straight your daughter who was raped at age 16 concieved a child from that rape and the guy who did it is was an officer later committed suicide but before doing so got your daugter pregnant a second time (or did she have twins) now she draws death benefits from ss because their daddy (the rappist sicidal cop) is now dead. Now yor daughter is preggers again and her babies daddies son (isn't this normally the brother of her baby???) and she is being charged with a felony that she didn't commit (what exactly??). ANd somehow the chief of police is involved in hiding some sort of evidence and now work somewhere else (is what he hid falsified evidence against you daughter or proof of the rape which I guess she doens't need since she is already drawing deah benifits for thier dead daddy) Now this amount that she draws for ss for these kids is enough that she doesn't qualify for the public defender to help her and...
now what you want to know is since she has no money (usually enough and don't normally count ss for the kids anyway) to qualify what help is there to her??
Well, if I got it right then I am sorry to tell you that your poor dear daughter is very much out of luck unless you can come up with enough to hire a lawyer. Good luck (I think that you are not capable of such a thing though cause this is one really messed up situation I have heard of less complicated plots on soap operas) sincerely hope it all works out for the best.
I AM SO CORNFUSED BY THIS ONE!!!
2006-09-12 23:36:33 · answer #3 · answered by deputeesteph33 3 · 0⤊ 0⤋
Criminal Record Search Database : http://www.SearchVerifyInfos.com/Help
2015-09-24 00:53:25 · answer #4 · answered by Aleta 1 · 0⤊ 0⤋