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    dchansley's Avatar
    dchansley Posts: 5, Reputation: 1
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    #1

    Mar 19, 2008, 12:39 PM
    Public Defenders
    How long by law is required that a person incarcerated be given a Public Defender?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 19, 2008, 12:40 PM
    When they ask for a lawyer one needs to be provided. Probably within 24 hrs.
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    dchansley Posts: 5, Reputation: 1
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    #3

    Mar 19, 2008, 12:41 PM
    Quote Originally Posted by dchansley
    How long by law is required that a person incarcerated be given a Public Defender?
    How long by law is reqired that a person incarcerated be assigned a Public Defender?
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    dchansley Posts: 5, Reputation: 1
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    #4

    Mar 19, 2008, 12:43 PM
    If this hasn't happened what does one need to do?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Mar 19, 2008, 12:50 PM
    How long have then been incarcerated? Have they actually been charged with a crime?
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    dchansley Posts: 5, Reputation: 1
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    #6

    Mar 19, 2008, 01:31 PM
    A warrant was issued for attempt of court, but he lived in a different city and county and never received any papers for court. He had already served time for the crime committed and evidently when he was picked up in another stated and served almost l year, the city in which the warrant was issued did not pick him up and therefore, the warden signed papers for his release.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 19, 2008, 03:44 PM
    "attempt of court"?? Do you mean contempt of court?

    If he was convicted of a crime and a warrant issued as a result of that conviction, then he had no need for an attorney.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Mar 19, 2008, 06:14 PM
    Ok, first at the time of questioning, he can request an attorney before being questioned, if he is not questioned, there is no requirement to supply an attoreny at questioning.

    At his first court appearance after being charged with a crime, he can request an attorney be provided, he may have to provide proof he can not afford one, so his income may show he can not have one. Also in GA for example if you make bail often you can not have a public defender, since that proves you had enough money to hire an attorney.

    So there is not a absolute right to an attorney,
    dchansley's Avatar
    dchansley Posts: 5, Reputation: 1
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    #9

    Mar 20, 2008, 09:26 AM
    He has served time, but the warrant was issued for contempt because there was another charge for leaving the facility without permission. He then served that time and it was signed off by the warden of the prison where he served, but the court where the warrant was issued did not get the information, therefore issued a warrant for contempt. He is entitled to a public defender, he's signed the paper work and everything, but they are giving him the run around. First, saying that he had one and then changing and saying that they will have to assign him another one. It's been over a week.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Mar 20, 2008, 09:45 AM
    See the problem here is that he's been convicted. Therefore there is no need to hurry in assigning him someone. Why don't you go down the PD's office and ask what the hold up is?
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