"If you cannot afford an attorney, one will be appointed for you..."

[Blain]

We've all heard the Miranda warnins being read, either on television or in the real world...

"You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?"

I have never had a need to hire an attorney. Therefore I have no idea if I could "afford" one or not.
My question is how is affordability determined? :roll:

 

[jagec]

I'm pretty sure they take your word on it...the catch being that the public defender that they appoint for you might not be as good as an attorney you might hire yourself.

 

[Blain]

Originally posted by: jagec
I'm pretty sure they take your word on it...the catch being that the public defender that they appoint for you might not be as good as an attorney you might hire yourself.

I understand that court appointed counsel may or may not be better than a "hired gun".
But I didn't know if there was some sort of sliding scale or whatever.
I guess a public defender might be a first stop along the way in a legal defence.

 

[Alistar7]

Generally your financial situation is reviewed, they will not just "take your word". If you can afford one on your own you are better off than going with a court appointed attorney.

 

[Epic Fail]

one example of eligibility

http://www.kingcounty.gov/courts/OPD/WhoWeServe.aspx

 

[rise]

Originally posted by: Alistar7
Generally your financial situation is reviewed, they will not just "take your word". If you can afford one on your own you are better off than going with a court appointed attorney.

yep. in my younger days i asked for a PD a couple times and they asked a few questions. i don't remember it as being long or actually having to provide documentation (pay stubs, utility bills etc.)

 

[Old Hippie]

As many times as I've been in court, I've always hired my own attorneys. Some of my buddies that have used them, had to show W2s and paid on a sliding scale.

 

[911paramedic]

Public Pretender?

Defend yourself.

 

[Iron Woode]

Originally posted by: 911paramedic
Public Pretender?

Defend yourself.

and have a fool for a client.

 

[lykaon78]

I tried to get one to fight a ticket that would get my license suspended (turning left on a red - but 4th ticket in 2 years).

I was a freshman in college and broke but the PD wouldn't take my case because I wasn't facing jail time. There didn't appear to be any financial requirements at the time.

 

[Soundmanred]

They usually don't check finances or anything. You fill out an application and if you say you can't afford one, they give you one. They are normal lawyers, so they are as good as a normal lawyer, but their caseload is usually many times greater, so they don't have time to spend trying to fight your case. They don't have the "you paid me, so better do a good job" mentality.

 

[ElFenix]

from my criminal law class one guy plead before the judge that he couldn't afford to defend himself. so the judge granted it. as he turned around to walk out, his wife stood up and loudly said, 'does that mean we won't have to withdraw from our CDs early?"

 

[BladeVenom]

Originally posted by: Iron Woode

Originally posted by: 911paramedic
Public Pretender?

Defend yourself.

and have a fool for a client.

Only because we have a useless and corrupt legal system. The judge will throw the book at you for not paying your protection money to lawyers. It's as bad as organized crime.