We were denied a public defender, how can we change the judges decision?
When my bf went to court to ask for a public defender, the judge asked him if he was working. He stated he had just started back to work that week. The judge said that he could afford his own attorney. The judge wouldn't listen to his explanation that I am out of work on disability, he just started back after being unemployed for several months, and we have children to support. How can we change his decision? We can barely afford basic living, nothing more.
Answer:
You don't say whether the children are your boyfriend's. If they are not, your financial situation can not be considered to be his, if you were married it would be a different story. During your next court appearance when the judge asks about his counsel he needs to tell him/her that he could not afford counsel.
appeal it to a higher court!
Appeal the decision... and provide the information in the appeal...
no one is denied a pd no matter if there working or not i would appell his desion
Is this a civil or criminal case?
If you a defendant in a criminal case, you are offered the assistant of a district attorney.
If its civil, you don't.
That is against the law. It is your right guilty or not to have a lawyer. even when you are being arressted they tell you that.
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.
the way the courts think..is, if you make bail, you have money....if you work, you have money..if you dont have either of these...your eligable, but most places will still charge you
something, for a PD. If your going to play the game, you need to know how to answer the questions..
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