My sister was charger with possession of a controlled substance. She's made a huge turnaroung between now and then, so she got off with only community service. However, my mom had to pay for a lawyer. How do they determine whether or not someone is financially able to afford a lawyer? I mean, she makes a fair amount, but most of it goes to our house. And what if my sister just wanted to represent herself? Apparently the government could fine my mom if she wouldn't pay for a lawyer or something stupid! This really doesn't seem fair or constitutional to me!!
2007-03-19 13:54:26 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
When your sister was arrested they would would have read her her Miranda rights , part of which states that if she was unable to afford an attoney one would be provided for her. She also had the choice of representing herself anyime. If sheor her mother chose to hire an attoney, that was the choice that was made. He did his job now he deserves to be paid.
2007-03-19 14:05:38 · answer #1 · answered by jetfighter 6 · 1⤊ 1⤋
Is your sister under 18? Is your sister considered a dependent (anyone under 21 is considered a dependent, even if they live on their own)? If yes to both or one of these questions, then your parents are responsible for her. If she is an independent (over 21, lives on her own, pays bills, has no support from parents) then your sister is responsible for herself. Your mother is her guardian, and by law that means she must pay for the damage that you or your sister create. This is something serious, and is basically the laws way and teaching young adults to be responsible. I know people who have almost lost their homes because of teenage accidents.
2007-03-19 22:32:04 · answer #2 · answered by prncessstef 4 · 0⤊ 0⤋
It sounds like your sister is a minor so they based it on your mom's income, being the parent.
Also, a lot of ppl don't know that if some states require you to pay, even a little at a time, for a court appointed attorney if you lose the case...
2007-03-20 00:40:58 · answer #3 · answered by BeachBum 7 · 0⤊ 0⤋
The amount being charged by the lawyer depends on the paying ability of the client, difficulty of the case and the outcome of the case. Thus, since your sister is not that rich, you can request for a discount on the lawyer to lower the fees.
2007-03-19 20:59:46 · answer #4 · answered by FRAGINAL, JTM 7 · 0⤊ 1⤋
It appears that the court considers that the family should be held to pay for your sisters defense. Normally they are good at determine if you can pay.
Be grateful that your sister has corrected the situation, you should think the payment is a fine.
2007-03-19 21:01:37 · answer #5 · answered by Sgt 524 5 · 0⤊ 0⤋
Your sister should pay your mother back for keeping her hide out of jail.
2007-03-19 21:00:01 · answer #6 · answered by HAGAR!!! 6 · 1⤊ 0⤋
completely fair and constitutional. pay the man!
2007-03-19 20:57:48 · answer #7 · answered by patriot07 5 · 0⤊ 0⤋