My son is 17 years and being charged as an adult for tampering in the state of Missouri. The judge has refused to give him an attorney even though my son has told him that he can not afford one. According to meranda rights you have a right to an attorney...if you cannot afford one , one will be appointed to you. How is the judge denying him an attorney? My son does not have a job because he is staying at the hospital with his newborn baby that is nicu. The judge has told him that he has 15 days to get an attorney or he will provoke his bail and lock him back up. How is the judge denying him an attorney? Is he working with some loophole?
2007-12-01 14:09:25 · 14 answers · asked by stop_staring_please 4 in Politics & Government ➔ Law & Ethics
He is considered an adult at 17 years old in Missouri. He does not live with me anymore. I live in a different state. He lives on his own.
2007-12-01 14:15:41 · update #1
It's a 2nd degree felony charge. he has been to court twice and told the judge that he can not afford an attorney.
2007-12-01 14:19:36 · update #2
What does administrative charge mean?
2007-12-01 14:27:28 · update #3
For civil or misdemeanor cases, an attorney is not provided. I'm sure this tampering isn't a felony or he would have been remanded to custody immediately pending bail.
2007-12-01 14:18:10 · answer #1 · answered by smartsassysabrina 6 · 0⤊ 0⤋
Try the clerk of courts to receive information and an application to request an appointed attorney. It is not the judge's obligation to appoint a lawyer, but the court's. The judge was probably not denying him an attorney. Furthermore, try Legal Aid (may be called something different but the clerk or prosecutor's office can give you the number). The documentation may require that you as the parent include your income, as your son is still a minor and your are responsible for his welfare. In all reality after eligibility is determined for or against you, the income guidelines with the parents may state that your son is not eligible an appointed attorney due to income.
Furthermore, the judge doesn't require anyone to get an attorney but may strongly suggest having one. A person may chose to go through trial completely without legal representation.
There are probably community resources that are available to you for learning more about the process and what next steps you should take to protect you and your son fully.
Good Luck.
2007-12-01 22:20:57 · answer #2 · answered by ama 2 · 0⤊ 0⤋
Miranda rights only attach in a custodial interrogation situation.
Your right to a court appointed attorney is not based on what you say you can, or can not, afford. A person must satisfy the court that they can't afford one before the court will appoint them one. If you are given court appointed counsel and are found guilty you have to repay the court for that counse. If you are found not guilty, you don't. At trial, if the charge you are facing will not result in jail time, you are not given an attorney.
As I've heard judges tell people any number of times, it is not a "free" attorney. They are saying if you can not afford to privately hire an attorney, they will appoint you for you, but ONLY if you can satisfy the court you truly can't afford to hire you own.
And since your son is only 17, he is probably going to be considered a minor except for trial purposes. Because of that, you are the one that's responsible for his attorney if you want one. Whether or not he wants one is between you and your son, not between him and the courts. You speak for him until he turns legal age which is 18 for the most part.
2007-12-01 22:26:24 · answer #3 · answered by justme 2 · 0⤊ 0⤋
You are mistaken.
In Missouri, the age when he is considered an adult is 18. Your son is considered an adult ONLY in criminal proceedings which allows him to be tried as an adult rather than in juvenile court. He is still a minor and under parental control....therefore, you the parent are responsible to obtain a lawyer for him.
Please read the following from the State of Missouri and see the source sited below.. You and daddy better get hopping before your son gets locked up real good.
The legal age of majority for the state of MO. is 18.
Missouri has a law that designates a 17-year old as being an "adult" for ADJUDICATION PURPOSES only. Which means a 17-year old is considered an adult when it pertains to certain criminal offenses, and therefore can be tried in an adult court. The age cited in the juvenile code does not supercede the established legal age of majority which is indeed, 18-years of age.
2007-12-01 23:10:51 · answer #4 · answered by Anonymous · 0⤊ 0⤋
First of all it is Miranda Rights
Second If he is emancipated (living on his own, in his own place, no adult claiming him) He is legally an adult.
Third If he has to go to court on a Administrative charge Miranda Rights don't apply and the state has no obligation to provide a lawyer.
I would try to get a continuance, a pro-bono or low cost lawyer (no charge if we don't win kind of guy), A job, And a nice suit for court.
2007-12-01 22:24:41 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No the judge cannot refuse to give anyone an attorney. it is a federal law that states that the court should assign an attorney to anyone that doesn't have one
2007-12-01 22:14:02 · answer #6 · answered by acdcpinkfloydmetallica 2 · 0⤊ 0⤋
Best to seek legal advice but it is my understanding that you are only granted an attorney if you face more than a year in jail.
2007-12-01 22:14:38 · answer #7 · answered by oceanvegas 2 · 1⤊ 0⤋
The court will appoint an attorny if your son can't afford one. You probably did not understand.
And he probably didn't either.
By the way....
How come he was caught tampering away in Missouri, while babysitting at the ICU???
2007-12-01 22:16:45 · answer #8 · answered by sofisintown 3 · 0⤊ 1⤋
Miranda rights are to inform a suspect that he/she does not have to speak without representation, but if he/she does ..that evidence can be used against him/her in court.
Contact a bondsman and get his/her advice.
Your son is already headed for disaster by being a father at his age. What the hell???
2007-12-01 22:14:27 · answer #9 · answered by ☺ . CIEL . ☺ 5 · 1⤊ 1⤋
I would get an attorney and sue the Judge for violating his right. Your so right about the Mirenda Right. You should sue him.
2007-12-01 22:16:00 · answer #10 · answered by greeneyeslady 4 · 0⤊ 1⤋