i live in minnesota and my son wasnt able to get a public defender because the judge said he made too much money (12,000) the past year and was sent to prison for 18 months for a probation violation can a judge do that thanks
2007-06-16 02:56:06 · 7 answers · asked by hawki552004 1 in Politics & Government ➔ Law & Ethics
You always have the right to legal counsel.
Your question is about free counsel, and the rules are clear on that...
2007-06-16 02:59:09 · answer #1 · answered by StayThirstyMyFriends 6 · 5⤊ 0⤋
I don't really know the law in the state of minnesota, but a judge cannot deny anyone from obtaining a public attorney if the person earns a lot of money. Everyone is given the right to counsel, if in case he cannot find one, then the state will provide him with one. And the money issue isn't really a valid ground. However, if counsel may be freely obtained by the accused and he did not do so, meaning he had all the chance and the means to hire a lawyer for his case and he did not do so, then the judge in some instances may deny his request for free counsel. That is generally the basics of the Constitution.
Regarding the sentencing to prison for 18 months, if the laws violated provide that the judge can sentence for probabtion violation, then it will be valid. It all depends if the law provides for such jurisdiction. You might have to hire a competent attorney regarding these matters, just so to see if the judge acted accordingly or arbitrarily.
Why don't you try going to your Public Defender's Office, usually they offer free legal advice.
Good luck.
2007-06-16 03:08:47 · answer #2 · answered by Madraga 1 · 1⤊ 2⤋
I work for a Federal Public Defender's Office on the East Coast and I am telling you from experience, your son makes too much money to be granted counsel. The Public Defender's system is swamped with cases and for the amount of work they take on it's amazing how effective I've seen them be. It's just plain selfish to think that you deserve a Public Defender's time when he or she could focus more on clients who can't afford their own counsel. The Constitution requires that all defendants be able to retain counsel if they wish to -- nowhere does it state or infer that you have the right to PUBLIC counsel (unless you cannot AFFORD a private one).
And for the record, a Public Defender's Office is not a place to go to for "legal advice" -- by law, they have to be your attorney in order to provide you with even the most mundane of legal counsel relating to your case.
2007-06-16 04:24:24 · answer #3 · answered by Max G 2 · 1⤊ 0⤋
Public defenders are for those people whomhave no money nor anyway to get money. If your son was making 12,000 per year, that amount is above the limits for a free counsel.
2007-06-16 02:59:54 · answer #4 · answered by Manuel G 2 · 5⤊ 0⤋
Yes. If your son made enough money to get his own defense - he (or you) should have secured counsel.
He should not have violated probation, either. You don't get to kick the system and then expect it to serve you.
2007-06-16 03:00:24 · answer #5 · answered by pepper 7 · 6⤊ 0⤋
He sure can. The statement they give you when arrested is "..if you can not afford an attorney one will be supplied to you." Therefore if he could afford to get an attorney he was supposed to do so before his court case. Sorry
2007-06-16 03:12:04 · answer #6 · answered by ejohnjr34 5 · 2⤊ 0⤋
Yes, the judge can indeed do that. However, your son can appeal.
2007-06-16 04:22:59 · answer #7 · answered by cyanne2ak 7 · 0⤊ 0⤋