I have a court case 1 week from tomorrow and got a letter from the Public Defender saying they can not take my case and I have to get my own lawyer. My charges are disorderly conduct and criminal trespass (family violence act). I thought I had the right to counsel?? I make decent money but have no money to pay a lawyer. Once I make house payments, and child support, I have no money left to my name. What should I do?
2007-10-11 08:30:08 · 20 answers · asked by Adam 1 in Politics & Government ➔ Law & Ethics
It doesn't matter what your bills are.....once you make over a certain dollar amount threshold, they are not required to pay for your defense.
It isn't the publics fault you budget poorly....maybe you need to cut out some certain expenses. Have cable TV???? Get rid of it. High speed internet? Not a need, that is a want! Have a nice car? Trade it for one that is just good enough to get you from point A to point B.
The fact is, in the eyes of the law, you CAN afford a lawyer. So either represent yourself (but beware that "fool for a client" saying) go to legal aid, or tighten the budget and pay for one.
those are your only choices.
2007-10-11 08:36:14 · answer #1 · answered by Anonymous · 2⤊ 1⤋
How serious of a crime? Reason I start with that question is unless the judge sentences the defendant to jail there is no right to the appointement of counsel. He can receive probation, community service or a fine but not jail. So he charged with something minor like say open containter, the judge is not going to appoint counsel, he will just slap the defendant with a small fine. On the other hand, if the defendant is charged with something serious, say murder and on appeal the higher court concludes the defendant could not have afforded an atty the case will be reversed, much of the evidence might be dismissed and a serious criminal might go free. The judge may also feel that part of the punshiment for the defendant ought be paying legal fees. If the crime is not minor, I would present to the judge on the record his finacial situation. But keep in mind the same judge that you feel is being unfair will do the sentencing best not to piss him off. I once was in court D asked for an atty. Judge denied. D asked again. J explained that although the crime can impose a jail sentence D does not have a right to an atty unless the judge does impose jail. J denied again. D began screaming and demanding an atty. Judge gave D an atty and sentenced him to 6 months.
2016-04-08 03:31:06 · answer #2 · answered by ? 4 · 0⤊ 0⤋
I'm not sure where you live, but in my state the PD's cut off limits are defined by the national poverty standards (which are incredibly low). So, basically, anybody with a job or real property doesn't get a PD. You can always go to the judge and ask that one be appointed (here, the judges can order the PD to take the case; the judge can make an exception to the standards, but the PD cannot).
The people who have said the judge has to appoint an attorney for you are, at least in federal jurisdictions and probably in most states, wrong. You only have the right to an attorney where you face a jail sentence. So, for minor traffic offenses subject only to a fine, you don't get an attorney. If you're charged with something bigger, like criminal trespass, that has a possible jail sentence, you still might not get an attorney. The rule is pretty simple: you can only be sent to jail if you had an attorney representing you. So, if the judge decides beforehand that he's only going to give you probation, then he doesn't have to give you an attorney.
2007-10-12 22:40:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Tell the court you cant afford one, but be prepared to back it up with evidence.
You say you make good money, so the court will likely see it as you choosing among priorities, and that your defense is low priority to you.
Have you called any lawyers to find out the actual cost of your defense?
Have you tried to get a loan to cover it, or put it on your credit card?
Have you called the Public Defender to ask why you were denied?
I'd suggest doing all that pronto, because showing up to court unrepresented, with no plan on how to proceed may not be in your best interests.
Note your rights are "If you can not afford one, one will be appointed", not "if you don't want pay for one, one will be appointed". See the difference?
Alternatively, you could just plead guilty...
2007-10-11 08:50:33 · answer #4 · answered by Barry C 7 · 0⤊ 1⤋
They look at your total income, not what you have left over after paying the bills. Start looking for a cheap lawyer and thinking about what you can cut back on. If you can not find one by your trail date contact the court clerk and let him know your situation. They should give you a later trail date. If the do not show up anyway, tell them again that you can not find a lawyer.
People that have gotten in trouble have been forced to sell their homes to pay for legal bills.
2007-10-11 08:38:07 · answer #5 · answered by Chris 5 · 0⤊ 1⤋
It sounds like you should start behaving yourself to prevent this sort of situation from happening again. You need to set a good example for your kids and not put them through this kind of trauma. I am sorry, I don't mean to sound mean but really when there are kids involved you need to step up for their sake. As far as a public defender I believe everyone has the right. You need to maybe call a lawyer to find out, just so you know the first counsel with them is free. Good Luck!!
2007-10-11 08:35:28 · answer #6 · answered by KELJO 6 · 2⤊ 1⤋
You are in a bad spot. I live in Kansas and know that yes, we have a right to council but it also stands that the court can deny the assignment of council if the party requesting it is indigent. It sucks! I was denied a lawyer myself on a traffic violation because I made good money. All they see is what is coming in, they don't care about what is going out.
2007-10-11 08:33:38 · answer #7 · answered by Pat 5 · 2⤊ 1⤋
Immediately, take a copy of your tax return to the Public Defender's Office and get that straightened out. This happens very often! I know of one man supporting a family of 4, making $500 a month, who was denied a public defender! Why? Because he dressed the best he could, for court.
2007-10-11 08:34:28 · answer #8 · answered by laurel g 6 · 1⤊ 2⤋
Go to the court as soon as you can, ask to see the clerk of the court. Tell him your problem, not your plea or anything about the charges (anything you say can and will be used against you). Ask him about getting a lawyer. If he can't get one for you. When you go to court for your case, when the judge asks you for your plea, say "Your honor, I am without council because the public defender's office turned down my case. Because of this I am unsure as what to do".
2007-10-11 08:37:07 · answer #9 · answered by ? 6 · 1⤊ 2⤋
It might be a bluff. When you show up to court, explain to the judge that you can't afford a lawyer and see what happens.
2007-10-11 08:34:00 · answer #10 · answered by Flatpaw 7 · 0⤊ 2⤋