He was arrested in Alameda County, Ca. This has been going on since January. The public defender said we do not qualify for their services, but the defendants rights that he signed said if we could not afford an attorney they would appoint one at no immediate cost to him. After the case was over there would be a hearing to determine his financial responsibility. We do not have a problem making payments to the court for this service we just cannot come up with the minimum 1500.00 retainer. The public defender told the judge they would represent him if he appointed them to. The judge said we made to much money. We have been to court nine times only to be told come back with an attorney. We do not have the money. Shouldn't the judge appoint one and then let the hearing determine if we are financially responsible. My boyfriend has missed nine work days plus the fuel to get there (75 miles away) The judge will not let my boyfriend get a word in to explain his situation. Help Please!
2007-04-30 18:58:13 · 5 answers · asked by leapfrog 1 in Politics & Government ➔ Law & Ethics
ok, here is the deal - even in a misdemeanor case your boyfriend is entitled to counsel.
so here is your answer - since it seems the judge is not very sympathetic in this matter, have your boyfriend file a motion to appoint counsel.
he has to declare that he is financially unable to obtain legal counsel and a layperson at the law, subsequently unable to defend himself in a meaningful manner.
with that said, let the judge deny it in writing - he would not dare trust me. especially not in alameda.
so the motion is the way to go, if you have a problem just email me i am glad to guide you through it.
2007-04-30 20:56:52 · answer #1 · answered by jandrkeller 4 · 1⤊ 0⤋
In most States, you have to have be on welfare or at minimum wage or below to qualify for a Public Defender.
As the Public Defender's Office has already determined that he does not qualify and the Judge confirmed that, you either need to find a way to pony up the dough for the for an attorney or your boyfriend will end up without one, or plead guilty or Nolo Contende, which is accepting a Plea without admitting guilt, and be willing to pay whatever fine/sentence that is imposed.
2007-04-30 19:20:29 · answer #2 · answered by bottleblondemama 7 · 1⤊ 1⤋
its guarenteed to him in the miranda rights. go to the court office and fill out a form for court appointed attorney. if you are unmarried it would be his income alone! then they will tell you what portion he should pay
2007-04-30 19:09:40 · answer #3 · answered by Eclipse 5 · 0⤊ 1⤋
you will nead to talk to the judg in person to ask him not an easy thing to do
you may want to try just shouing up 4 trefic cort and wate 4 the cases to b over and you may get lucky
that is what happind to me
i wint to cort on rong day
2007-04-30 19:05:31 · answer #4 · answered by Anonymous · 0⤊ 2⤋
let your boyfriend be a man and take responsibility for his actions. a man who conducts himself in a respectful way and who can take are of his own debt is more attractive than a leach on society.
2007-04-30 19:01:54 · answer #5 · answered by KitKat 7 · 4⤊ 1⤋