appointed lawyer that was issued to you while in jail be your lawyer when you have to show up for your next court date? My niece is in jail and went to court once, with an appointed lawyer...now my sister is talking about bonding her out and called the court appointed lawyer to ask him a question, but he said if she bonds her out, that he will no longer be her lawyer. Does that mean one has to be hired? Or when her next court date comes up, another one will be issued to her. I don't understand this and if someone could please explain this I would appreciate it.
2007-02-14 05:45:08 · 3 answers · asked by Corona 5 in Politics & Government ➔ Law & Ethics
In Delaware Family Court (where I work), once the Court appoints an attorney, he/she is that person's attorney UNTIL THE CASE IS CONCLUDED. However long it takes, whether they are in jail or bonded out. It may be different in other states, though, or other courts, so a call should be made to the secretary of the judge that did the appointing to set the record straight. Good luck!
2007-02-14 06:08:49 · answer #1 · answered by Yahzmin ♥♥ 4ever 7 · 0⤊ 0⤋
While your niece is in jail she is demonstrating to the satisfaction of the court that she is indigent, meaning she can't pay for an attorney. If she makes bail or someone else bonds her out of jail, this demonstrates to the court that she just may have two pennies to rub together or knows someone who does, namely your sister! The court will not appoint your niece a lawyer for free because that would deprive another lawyer a fee. If you think she's guilty pray the court appointed attorney is good one and let your niece sit it out. If you think she's innocent, may God have mercy on her because 'they' won't. Unless you have buckets of money you can't hire a lawyer good enough to do anything but advise your niece to 'accept the plea'. Which is probably what the court appointed lawyer has/will advise for free....
2007-02-14 14:17:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I agree it seems a little unfair maybe she need to call the lawyer back and ask for clarification, or your niece from jail should contact the lawyer and ask for clarification
but
from your statement and lawyers statement seems to suggest bounding out your niece will some how, not sure why, demonstrate she is not indigent thus does not qualify for a pro-bono lawyer, if so then either you will have to pay for a lawyer or she goes alone? does not seem fair, but call the lawyer back and ask
if so it maybe be best interest to stay in county lock up, not easy to say, but might be best, is she guilty? if so she will get credit for time spent waiting for trial, if she is looking a small jail time might be in her best interest to stay and get it over with
if can afford it hire a lawyer they are usually a better bet then the local pro-bono who most likely does not care about their clients
2007-02-14 14:12:42 · answer #3 · answered by goz1111 7 · 0⤊ 0⤋