Richardson, Tx
2007-08-23 11:00:56 · 8 answers · asked by billy b 1 in Politics & Government ➔ Law & Ethics
If you're a defendant in a CRIMINAL case, and your case has the possibility of "actual imprisonment", you ask for one before the judge or magistrate at your earliest court appearance.
If you're a plaintiff or defendant in a civil action (where one party sues another, usually for money or for an "injunction") you don't have a constitutional right to counsel. You may have a right under a state or federal statute (for example, some times people accused of domestic violence have a right to counsel based upon the domestic violence act) and most states and the federal government have a provision where they can petition the Court to appoint counsel. However, this is usually discretionary, and will only happen on a showing of poverty and a VERY good showing that your case (or defense) has merit.
You would normally do it by motion -- file a paper with the court asking to appoint counsel and citing the legal authority to do so. The clerk of court may have a form for you, and perhaps a legal clinic or legal aid could help with the research. Otherwise, go to a public law library (most counties have one) and ask for help finding statutory and case law related to asking for counsel to be appointed in a civil action.
Good luck.
2007-08-23 11:10:20 · answer #1 · answered by Perdendosi 7 · 0⤊ 0⤋
The criminal courts have held for years that the right to a fair trial requires the state to pay for an attorney to represent an indigent defendant. However, *most* civil proceedings do not make any such requirement. Some proceedings which greatly affect a person's rights, such as civil commitment proceeding, or a proceeding to terminate parental reights, often result in the appointment of a free attorney, but those are the exception, not the rule. You might want to look into the Legal Aid Society. They provide low and no cost legal representation for the indigent. However, whether you will meet their criteria for assistance I don't know. You can also see if there is a law clinic operated by a law school Most law schools operate a legal clinic, staffed by 3rd year law students. These students assist the indigent with their legal problems under the supervision of a licensed attorney. Good luck. If all else fails, you need to consult relatives and hire an attorney to assist you. Contact your local or state bar association for a referral.
2016-05-21 01:58:13 · answer #2 · answered by ? 3 · 0⤊ 0⤋
If you need an Attorney, try the site below. You can afford access to your Legal Rights! Watch the movie presentation.
2007-08-23 11:31:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Apply for Legal Aid
2007-08-23 11:06:33 · answer #4 · answered by MAK 6 · 1⤊ 0⤋
You have to ask for it. The government never "offers". But, if you ask for one, they cannot deny you one.
Hope all is OK with you.
Oh, this doesn't work for suing somebody. It's only provided for free in criminal cases. You can get cheaper lawyers through your county, but they won't be free unless you are being tried in a criminal court.
2007-08-23 11:10:04 · answer #5 · answered by Serena 7 · 0⤊ 0⤋
If you have been charged with something, the police will contact the courts for you.
2007-08-23 11:09:07 · answer #6 · answered by nursesr4evr 7 · 0⤊ 0⤋
What you are looking for is "legal aid". I'm sure some form of that is available everywhere.
2007-08-23 11:06:43 · answer #7 · answered by picador 7 · 0⤊ 0⤋
Tell the judge, he/she will tell you what to do.
2007-08-23 11:08:27 · answer #8 · answered by Lavrenti Beria 6 · 0⤊ 0⤋