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At my arraignment I was told that misdemeanor charges were being brought against me by the State of Oklahoma. The date of my hearing was set two weeks from then. I was to remain in jail if I could not pay a $5000 bail. Being indigent at the time, I phoned a bail bondsman. At my hearing I was informed that the State was bringing felony charges against me. When I requested public defense the presiding judge told me that I was not eligible, due to the fact that I had called a bondsman. Where's my 6th amendement? '§22-1355.6. Responsibility of System to indigent defendant.'... 'The Indigent Defense System shall have the responsibility of defending all indigents, as determined in accordance with the provisions of the Indigent Defense Act in all capital and felony cases and in all misdemeanor and traffic cases punishable by incarceration.' Oklahoma Constitution statutes. Once again, why am I not allowed a public defender?

2007-02-24 16:52:52 · 9 answers · asked by nutterbutter 1 in Politics & Government Law & Ethics

There are places where the internet is "free". Such as libraries, computer labs, etc....

2007-02-24 16:59:43 · update #1

9 answers

Information on the OK bail system and bail in general is listed below.

To get the bail from a bail bondsman, you had to pay a percentage of the bail. That percentage is usually 10%. You also had to have someone guarantee to pay the bail if you fail to show up.

Since your bail was $5000 and you paid the percentage, it is clear you had at least the percentage of the bond. ($500) Also, you had someone guarantee to pay the bond. Between the two, it is clear you are not indigent as an indigent person can not come up with $500 like that nor do they have someone willing to risk $4500 to ensure the person shows up in court.

IMO you are not indigent and therefore not entitled to a free public defender in your case. Your rights to counsel are not being infringed because you can afford counsel. Go hire a lawyer.

2007-02-24 17:46:57 · answer #1 · answered by forgivebutdonotforget911 6 · 0 0

Just because you are being charged with a felony does not mean you automatically are entitled to a attorney paid for by the state. That is within the judges discretion as to whether or not you can afford one. In this instance, the fact that you called a bondsman about a $5000 bond is some evidence that you do have some money and can probably afford an attorney. That is within the judges discretion, but in order to appeal that later, you better make your displeasure known to the judge on more than one occassion, otherwise you may waive your right to appeal that issue.

2007-02-24 18:18:12 · answer #2 · answered by On Time 3 · 0 0

you have to meet the criteria for being an "Indigent". Second if a bondsman will put up a bond of 5000, your not considered Indigent, you have the resources to post bond so you have the resources to hire a lawyer.

2007-02-24 17:16:29 · answer #3 · answered by vpsoomalley 2 · 1 0

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2016-12-14 05:07:12 · answer #4 · answered by ? 4 · 0 0

It might have been assumed that because you had the money for a bondsman, you also had the money for a defense attorney. Although I do not know the legality of this issue, it would seem to me that your rights may have been infringed.

2007-02-24 17:05:21 · answer #5 · answered by Political Enigma 6 · 0 0

The judge is wrong, you are entitled to counsel if your being charged with a Feleony. To deny you your right ot counsel is a violation of your 6th Amendment Right to Counsel and speedy trial. If you are denied counsel again, you may have grounds for an appeal just on that alone.

Good Luck.

2007-02-24 17:01:57 · answer #6 · answered by Anonymous · 0 0

Just fight it. Second...if your indigent, why are u using the internet?

2007-02-24 16:57:25 · answer #7 · answered by Anonymous · 0 1

Call an attorney

2007-02-24 17:00:27 · answer #8 · answered by investing1987 3 · 0 0

everyone of you guys who brake the law call on there wrights what about the people's wrights you broke the on they have wrights too

2007-02-24 17:09:53 · answer #9 · answered by ? 3 · 0 0

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