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    ikybella2012's Avatar
    ikybella2012 Posts: 1, Reputation: 1
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    #1

    Jan 19, 2013, 01:14 PM
    Judge said I can't have a public defender...
    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jan 19, 2013, 06:58 PM
    Quote Originally Posted by ikybella2012
    ... 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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    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
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