does the state have to provided someone to be of counsel if they are beign called in to court.
they went to court yesterday and they asked them how do u plead i called my GF which is the mother of the child and i told them to say not guilty they are beign accused of breaking a school cammera and trespassing now on the trespassing yes they are guilty but in breaking the camerra which they said they were not the only ones in the school at the time,yet the school sayd they have them on tape yet in court they did not provided with that evidence can someone tell me what is going on and what can i do.
2007-08-29 03:37:59 · 6 answers · asked by jojo j 1 in Politics & Government ➔ Law & Ethics
in general, yes people have a right to counsel, if they are below a certain income level they state can appoint a lawyer to represent them
but unless they are looking at the possibility of six months or more of jail time, the state even if they are below a certain income level will not appoint a lawyer as is in your issue
2007-08-29 03:44:57 · answer #1 · answered by goz1111 7 · 0⤊ 1⤋
The initial court appearance doesn't require a lawyer. It is just an appearance to go over the charges and enter a plea. If they plead no contest (or not guilty), no contest is what they should have plead. It is not specifically saying not guilty.
They will have another followup date.
At that time, they will require council. Also, at this second appearance, they can try to make a deal with the prosecutor and avoid an actual trial. By pleading not guilty, a lot of the time you are saying take me to trial.
Either way, from this point forward they will need council. If they appear at their next court date without council, a public defender will be assigned. If the people in question are minors, their parents will need to be present and the parent has the choice to waive the right to council.
If the deal is not good, then plead not guilty and goto court. Make the school show the evidence. If they really didnt do it, then they will be dismissed of the vandalism charge, but won't get a deal on the trespassing.
2007-08-29 10:48:57 · answer #2 · answered by Chief 4 · 0⤊ 0⤋
Well if they have already appeared before the judge and plead guilty then it is to late unless they are going to appeal
But yes. I would counsel them to plead not guilty, get an attorney and make the school show the video. Did the school show the video to the judge or to the investigators that were on the scene? If they can still plea not guilty then the matter my have to go before a jury. Could get messy.
If I were the parents I would have to believe the school would at lease show the videos to us. Have any of the parents asked the school to do this?
2007-08-29 10:50:05 · answer #3 · answered by From Yours Trully 4 · 0⤊ 0⤋
Plead guilty to trespassing, but until they provide proof of them breaking the camera, you should not be held liable. The court will provide counsel when you ask for it.
2007-08-29 10:42:09 · answer #4 · answered by Billie A 3 · 0⤊ 1⤋
If you are speaking of free counsel ( such as provided in the Miranda Act), it may or may not be provided. There are rules applied to the statement "if you cannot afford one". This includes selling or mortgaging any property you own before being given free councel. They will be found guilty or not guilty on the merits of the evidence provided.
2007-08-29 10:49:06 · answer #5 · answered by sensible_man 7 · 0⤊ 1⤋
They are not automatically entitled to a lawyer, only if they can not afford one. If they have now been to court and pleaded not guilty, they should go out and get lawyers. If they cannot afford lawyers, they should contact the public defenders office to get one.
2007-08-29 10:44:08 · answer #6 · answered by raichasays 7 · 0⤊ 0⤋