View Full Version : Judge said I can't have a public defender...
ikybella2012
Jan 19, 2013, 01:14 PM
I had court in Essex County , for my first criminal DLS, I am not on probation or parole, and never have been, when in front of the judge (court was only to plead guilty or not guilty)she told me I was not allowed to fill out papers for a public defender,that I would have to hire my lawyer,because I am not facing jail time right now... I guess I don't understand,she never looked at any papers to see my income, I have 4 children, and only my partner has a job right now, and we can barely get by now, and there's no way we can afford a lawyer, so why can't I ask for a public defender?
JudyKayTee
Jan 19, 2013, 02:15 PM
Possibly because Public Defenders are only assigned for certain crimes - and you don't fit into the category. It's not all about income.
I'd ask the Judge - or the Clerk - or an Attorney.
AK lawyer
Jan 19, 2013, 06:58 PM
... so why can't I ask for a public defender?
Because, as the judge said, you are "not facing jail time right now". One is not intitled to a free lawyer in all criminal cases; only those for which significant incarceration is possible.
Fr_Chuck
Jan 19, 2013, 07:35 PM
This is how it works, each state in the US has its own laws on who can or can not get a public defender.
In one state if you make bail, you can't have a court appointed attorney.
In most if there is no jail time, no attorney will be appointed.
There is no universal right to an attorney