An attorney is invaluable if one is accused of a crime. Using a gun in self-defense can result in criminal charges, especially in certain liberal areas. In some of his writings, Massad Ayoob mentions that he has a local criminal defense attorney on retainer in case criminal charges are brought against him. Highlighting the importance of an attorney is the guarantee of right to counsel in criminal proceedings by the 6th Amendment.
I was under the mistaken belief (reinforced by pop culture) that a court will appoint (and pay for) an attorney for any criminal defendant if the defendant does not provide his own attorney. However, in Virginia (and I believe in most states) the state will only pay for an attorney for indigent defendants.
From Virginia Code § 19.2-159(B)(3):
3. Any exceptional expenses of the accused and his family which would, in all probability, prohibit him from being able to secure private counsel. Such items shall include but not be limited to costs for medical care, family support obligations, and child care payments.
The available funds of the accused shall be calculated as the sum of his total income and assets less the exceptional expenses as provided in paragraph 3 above. If the accused does not waive his right to counsel or retain counsel on his own behalf, counsel shall be appointed for the accused if his available funds are equal to or below 125 percent of the federal poverty income guidelines prescribed for the size of the household of the accused by the federal Department of Health and Human Services. The Supreme Court of Virginia shall be responsible for distributing to all courts the annual updates of the federal poverty income guidelines made by the Department.
If the available funds of the accused exceed 125 percent of the federal poverty income guidelines and the accused fails to employ counsel and does not waive his right to counsel, the court may, in exceptional circumstances, and where the ends of justice so require, appoint an attorney to represent the accused. However, in making such appointments, the court shall state in writing its reasons for so doing. The written statement by the court shall be included in the permanent record of the case.
From http://aspe.hhs.gov/poverty/06poverty.shtml
Poverty line for 1 person is $9,800, 2 is $13,200, 3 is $16,600, 4 is $20,000, etc.
Hence if the accused's family (of four) has an income of more than $25,000 ($20,000 * 1.25) then he must pay for his own attorney.
I don’t know about most of you, but an attorney seems awfully expensive for a family making $25,001/year.
Waiting until you have been accused of a crime is no time to shop around for an attorney. It would be smart to put an attorney on retainer, or at least find out which attorneys are good and what they charge ahead of time.
Hope this is helpful!
I was under the mistaken belief (reinforced by pop culture) that a court will appoint (and pay for) an attorney for any criminal defendant if the defendant does not provide his own attorney. However, in Virginia (and I believe in most states) the state will only pay for an attorney for indigent defendants.
From Virginia Code § 19.2-159(B)(3):
3. Any exceptional expenses of the accused and his family which would, in all probability, prohibit him from being able to secure private counsel. Such items shall include but not be limited to costs for medical care, family support obligations, and child care payments.
The available funds of the accused shall be calculated as the sum of his total income and assets less the exceptional expenses as provided in paragraph 3 above. If the accused does not waive his right to counsel or retain counsel on his own behalf, counsel shall be appointed for the accused if his available funds are equal to or below 125 percent of the federal poverty income guidelines prescribed for the size of the household of the accused by the federal Department of Health and Human Services. The Supreme Court of Virginia shall be responsible for distributing to all courts the annual updates of the federal poverty income guidelines made by the Department.
If the available funds of the accused exceed 125 percent of the federal poverty income guidelines and the accused fails to employ counsel and does not waive his right to counsel, the court may, in exceptional circumstances, and where the ends of justice so require, appoint an attorney to represent the accused. However, in making such appointments, the court shall state in writing its reasons for so doing. The written statement by the court shall be included in the permanent record of the case.
From http://aspe.hhs.gov/poverty/06poverty.shtml
Poverty line for 1 person is $9,800, 2 is $13,200, 3 is $16,600, 4 is $20,000, etc.
Hence if the accused's family (of four) has an income of more than $25,000 ($20,000 * 1.25) then he must pay for his own attorney.
I don’t know about most of you, but an attorney seems awfully expensive for a family making $25,001/year.
Waiting until you have been accused of a crime is no time to shop around for an attorney. It would be smart to put an attorney on retainer, or at least find out which attorneys are good and what they charge ahead of time.
Hope this is helpful!
