I have to go to court soon, I need a court appointed attorney. From what iv'e found out, you get one the day of your court date. But it just doesnt sound right to me cuz of the lack of time to discuss your defense. so does anyone know if you have to request one in advance? Do you have to go to court in person when you do or can you do it by phone? Does it cost anything? Whats the big difference between a public defender and one you hire?
2007-05-20 08:04:41 · 8 answers · asked by øº°DK°ºø 2 in Politics & Government ➔ Law & Ethics
In order to be assigned an APD (assistant public defender), you will have to submit a financial affidavit which will show them how poor you are, in effect. Assuming you qualify, you will be appointed an APD by the court. You never stated what your court date is in reference to. I am assuming you are not being arraigned on that day? You can always contact your local PDO (public defender office) and ask them the protocol; you can also request help from the court and they can tell you what you need to do in order to be assigned counsel.
And yes, it does cost to have an APD but the fee is nominal as some jurisdictions only asses a one time fee of $40. If you hire a private attorney, your costs will skyrocket.
If you would have said which state and county you are in, I could have given you the website for the PDO.
2007-05-20 08:13:07 · answer #1 · answered by QueenLori 5 · 1⤊ 0⤋
When the clerk calls your name you step forward in front of the judge. He'll ask your full name and if you have an attorney. When you say you do not have an attorney he'll ask if you would like the court to appoint an attorney.
There should be several public defenders in court sitting off to the side. When you say that you want a public defender the judge will appoint the next one in line.
The public defender will come forward and immediately request a continuance of the case so that he/she can become familiar with the facts.
The clerk will give a date and time and if it's okay with the public defender the case will be put off until the new date and time.
You will fill out paperwork giving your financial status. You might get free services, you might be required to pay at a reduced rate or you might have to make payments at the regular rate for services.
2007-05-20 16:23:41 · answer #2 · answered by Yak Rider 7 · 0⤊ 0⤋
Actually you need to ask the court one be appointed if you can't afford an attorney and it is an offense that can carry time in jail, except DWI and Habitual Offender!
You should have already been appointed one.
I don't believe their is a fee, but in reality, I am not sure. Most the Public Defenders I know don't get money from those they represent!
Sometimes you are appointed a independent attorney!
There are some great Public Defenders, and not so great ones. The reality is they are overloaded and can't give the time necessary. A private attorney has an option of taking a case!
2007-05-20 15:13:56 · answer #3 · answered by cantcu 7 · 2⤊ 0⤋
Unless this is a very minor matter (such as a traffic ticket) your first court date is your arraignment when you will be advised of the charges and asked to plea and if you have an attorney. That is when you ask for a Public Defender. An Assistant PD will probably be in court to talk to you. The BIG difference between a PD & private counsel is how much you have to pay. The amount if any paid to a PD will be small & they won't dun you for it; but most states requires some sort of repayment. Private attorneys get paid a lot & all up front.
2007-05-20 15:14:48 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I go to court in June and the court house told me I would get my lawyer the day of court so its true. But I was also told that they will reschedule your court date for a later date after you have been appointed your attorney.
2007-05-20 15:14:24 · answer #5 · answered by rosanna_03 2 · 0⤊ 0⤋
You have hear correctly. The public defender will meet with you on the day of court. They will be just as effective as any attorney you hire, perhaps moreso. They deal with many cases such as yours on a daily basis, and know the judge and prosecutor.
2007-05-20 15:10:50 · answer #6 · answered by Anonymous · 1⤊ 0⤋
you may or may not be entitled to a court appointed attorney need more info, usually in order to get one you go down to the court house and file paper work requesting a court appointed lawyer then depending on your case and finical situation you may be appointed one before your court date
2007-05-20 15:10:21 · answer #7 · answered by goz1111 7 · 0⤊ 0⤋
I do not know what you are going to court for, but get an attorney ASAP, especially if your case is criminal.
Don't talk to the police in the meantime. Tell them you want to talk to a lawyer first.
Why do you get an attorney on the day of your court case? That is just ridiculous.
Look up attorneys in the Yellow Pages. Depending on what kind of case you have, many will talk to you for free.
Do it now! You do not want your lawyer walking into court not knowing anything about your case.
Good luck!
2007-05-20 15:20:50 · answer #8 · answered by Deana 4 · 0⤊ 2⤋