Finding a Lawyer

[skidmark]

I do know that if you are facing any jail time you have to be provided with counsel. The judge cannot get around that.

You are absolutely correct. To a point.

Once you are in court, and the charge carries jail time, you either get a lawyer or the case falls on appeal on 6th amendment grounds. If you refuse to hire an attorney and you cannot convince the judge to let you represent yourself, an attorney will be appointed in spite of your desire/insistence in self-representation.

But that is not the issue here.

The discussion was about an attorney advising you during police questioning.

While I do not know the specifics of the public defender system in every jurisdiction, I am familiar enough with the administrative cases coming out of DOJ funding issues to feel comfortable stating that income & resources are asked about either right before or right after they get your name straight. If you do not meet the income/expenses threshhold for indigence, you do not qualify for a free lawyer. If you "demand" a free lawyer, you can see a judge and get told you have the $$ and must spend them.

stay safe.

skidmark

 

[Erich]

Skidmark, I think enough lawyers have weighed in to demonstrate that you don't know what you're talking about.

I don't know how many times I need to tell you that that's how it's done here in NM. Where I'm general counsel for the Department of the Public Defender (gee, do you think I might know a bit more about our system than you do?).

I'm done with you. Keep yammering about how you're right, despite all us folks who work in the system telling you you're wrong. You've demonstrated yourself to be stubborn and not worth listening to.

Let me see if I can figure out how the ignore feature works - it's only the second time I've had to use it since THR opened.

Edited: if anyone has further Qs on this topic - feel free to PM me. I'm done with this thread. Cheers!

 

[pittspilot]

DOJ Administrative cases != Criminal prosecution

And during police questioning, if you invoke your right to silence, the police may question again after some intervening period. They also may not badger you. If you request a lawyer, they may not question you again, in almost any fashion, until the person has been provided a lawyer.

 

[skidmark]

I don't know how many times I need to tell you that that's how it's done here in NM. Where I'm general counsel for the Department of the Public Defender (gee, do you think I might know a bit more about our system than you do?).

Gee, Erich, you are right about New Mexico, and maybe one or two other states. But you sure are not right about Virginia, North Carolina, South Carolina, Maryland, West virginia, New Jersey, Pennsylvania, New York or Massachusetts - the jurisdictions where I personally checked with the Attorney General's Offices.

As I'm not going to spend more of my $$ and none of my employer's $$ on checking, I guess we will agree that we disagree.

stay safe.

skidmark