In Jail without a lawyer, what can he do?
A friend of mine is in jail - for (two non-violent misdemeanors)..
ANYWAYS: The circumstances surrounding his arrest, guilt or innocence are not the point, The point and question involves the fact that he applied for a publuc defender the day he was arrested. And the Judge was aware that the public defenders office was unable to represent him,as they were also representing his ex-wife (on a different case)... So the judge's duty was to then appoint my friend assigned counsel (by the court)..
*An american right*
43+ days later my friend STILL has not had the opportunity to see a lawyer and hes been at court hearings for this case 4 different times (each time, the **** gets adjourned)... NOW hes got to sit in jail another whole month and 4 days before his NEXT hearing..and to this day has NOT had access to an atty- and cant afford to hire one! Does anyone know the correct course of action my friend can take under these circumstances?? Your thoughts are much appreciated.
Additional Details
3 days ago
FYI: I know everything about this man's charges. And hes not gotten arrested for anything other than overdue child support!! NO FELONIES- **EVER*** But Im grateful to the person who's accused me of lying about this; It just validates what I already know: That he DEFINATELY has a good case against the court!!
2006-10-08 06:55:53 · 10 answers · asked by sarayamodel 1 in Politics & Government ➔ Law & Ethics
Unfortunately the "patriot act" is your and his worst enemy, they are using it AGAINST american citizens for everything and anything, it basically shreds the constitution and our rights to be free of unlawful prosecution and disannuls our right to fair and equal representation. If you're in california your freind is in a world of hurt without a lawyer. The patriot act has changed everything. The bright side is while he is sitting in jail his time there is weighing in his favor, being charged with something of little substance and being denied counsel will eventually work out in or to his advantage. They will have to drop the charges and technically they only had 72 hours to have him arraigned and formally charged. But as i said, they have changed the rules to disannul fair and legal representation, things have changed here in the land of the free home of the brave right under our noses and no one has said a word or done a thing, we simply sit and allow this to happen. There are many (stupid) who while not having read the patriot act support it, simply because of the pretty packaging P A T R I O T. Yikes! Get yourself a penal code book for your state from the library or amazon dotcom. My emails at the side.
2006-10-08 07:06:10 · answer #1 · answered by metalsoft@sbcglobal.net 2 · 1⤊ 1⤋
The first question to ask is has he been officially charged with a crime? If he has not been, then he should be released on those grounds alone, because in most states he is required to be charged within a certain amount of time or be released, usually it is 3 days. Secondly, he should push the issue of representation based on the fifth amendment right to a speedy and public trial, which he has been denied due to not having proper legal representation.
2006-10-08 07:16:11 · answer #2 · answered by Scotty 6 · 1⤊ 0⤋
you're making some very strong factors. I for one did understand the that technique of the word "mark" and what develop into meant through putting some one over. I extremely were a wrestling fan for over 50 years. and that i extremely hate it even as people ridicule some wrestlers. they're doing the interest they love, attempting to entertain those who incredibly do not supply a darn about them. This warfare aspect is dumb, that's not a warfare that's in hardship-free words corporation. As on your Morrison v Christian question. both one among them are very quickly, agile and ingenious. i imagine i might want to ought to provide the win to Christian basically on the journey aspect.
2016-10-16 04:04:23 · answer #3 · answered by nedeau 4 · 0⤊ 0⤋
Ummmmm.. nothing to do with the Patriot Act - you are talking about your right for representation
Yeah I would say if it is true there is something definitely not right about what is going on....I find it hard to believe though in this day and age that is going on because they try to do everything they can to keep cases from being thrown out due to technicalities, so I think you are leaving things out of your story or you actually do not know the whole story. - but good luck to your friend
This is kind of interesting
http://www.sptimes.com/2002/06/04/Opinion/A_right_to_an_attorne.shtml
2006-10-08 07:03:29 · answer #4 · answered by katjha2005 5 · 0⤊ 0⤋
They can appoint one for you, they are not, however, required to do it in any specific time period. The circumstances surrounding his arrest are very relevant. Also, a court appointed attorney can be denied if this person's pay is above a certain level. I have seen people turned down for representation who make $8.00 an hour. You basically have to be on welfare. This, of course, is how it is in my state.
2006-10-08 07:01:29 · answer #5 · answered by Anonymous · 2⤊ 0⤋
For some reason we are not hearing the whole and complete story. Is this person an American citizen? You have left out too many details and added too much fluff to bolster your side of the argument to give you an intelligent answer.
2006-10-08 07:02:43 · answer #6 · answered by Anonymous · 1⤊ 0⤋
For every day your friend sits in jail, the county he is detained in receives money for holding him in jail. Why would they want to release him quickly when he's a cash cow?
Blame economics rather than the patriot act.
2006-10-08 07:36:29 · answer #7 · answered by murkglider 5 · 0⤊ 1⤋
He might have to wait. And apparently he can't make bail. I don't know for sure. Sometimes the wheels of justice turn too slow.
2006-10-08 07:03:06 · answer #8 · answered by Anonymous · 2⤊ 0⤋
The Patriot Act had nothing to do with this.
The Patriot Act is against terrorists.
That's why the terrorist supporters hate it.
2006-10-08 07:02:34 · answer #9 · answered by Anonymous · 1⤊ 1⤋
HE should see what he could do about filing for a mistrial
2006-10-08 07:03:44 · answer #10 · answered by buckylask 2 · 0⤊ 1⤋