My mother did something that has now caused a civil lawsuit to be pursued and I'm supposed to be a defendant if I'm correct doesn't that mean they are trying to go after myself aswell? I have no money for a lawer neither does my mother will a lawer be appointed to either of us and if so when? I did not know of the crime being commited until she got the papers and told me and apparently myself along with other family members are now defendants any one have any idea as to if I will be given a lawyer? No one has been arrested just papers served any help?
2007-07-29 22:02:54 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No; lawyers are never appointed in civil matters, only in criminal cases and then only when the defendant falls within the criteria of indigent according the the Public Defender's office where you live (most places, if you make much more than minimum wage or own anything of value like real estate or a car) you will not qualify.
A criminal matter is pursued by the prosecuting attorney's office for a city, county, state of the Federal government and if convicted, you could face time in jail.
A civil matter case is when another party is suing you, whether it be default on a debt owed, personal or property injury claim, etc. You cannot go to jail on a civil matter, only a monetary Judgment be issued by the Court and if the petitioner wins the case, could go after any owned assets and garnishment of paycheck(s).
2007-07-30 02:28:14 · answer #1 · answered by bottleblondemama 7 · 0⤊ 0⤋
Since your mom is facing a civil liability it doesnot concern you at all, every law should be specified who or what is being served in the court of law. That is your only opinion and allegation that you too will be co-defendant in this civil case that your mother is in. That wouldn't be the case.
Since your family doesnot have money to finance a lawyer to represent your mom in court, the court is obligated to appoint a lawyer in your behalf. Nobody will be deprived of justice because the individual is poor. The usual premise that "those who are less in life should have more in law..."
You have to confirm from the clerk of court what law suit is your mother in for, to determine the veracity of your case. Since you have no idea what this case is all about neither of us reading this story here in the forum.
2007-07-30 10:02:07 · answer #2 · answered by Anonymous · 0⤊ 1⤋
first you said it's a civil lawsuit, then you said a crime was committed. you seem confused. If you are accused of a crime, and you cannot afford a lawyer, you should be appointed one. if you are named in a civil suit, and you can't afford a lawyer, you are not automatically entitled to legal aid.
2007-07-30 12:01:54 · answer #3 · answered by njyogibear 7 · 0⤊ 0⤋
Court appointed lawyers are typically for criminal matters, not civil matters. You or your mother may wish to contact Legal Aid for representation in civil matters. If Legal Aid cannot represent one or more of you because of possible ethical reasons, your county bar association has a list of attorneys available for representation on a "pro bono publico" basis.
2007-07-30 06:10:25 · answer #4 · answered by Mark 7 · 2⤊ 0⤋
if it is a civil case, you are on your own, if it is a criminal case and you really cant afford a lawyer, and if the court see it that way then yes you will be provided one,.....
2007-07-30 07:40:10 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Yes, the State or your country will provide you one, especially if you are a pauper.
2007-07-30 05:08:39 · answer #6 · answered by jeprx 3 · 0⤊ 3⤋