Thursday, April 10, 2008

What do you do if you dont have a lawyer for a criminal case? -

If I have a case pending and it s for a felony drug trafficking charge and I don t have a lawyer what will happen when I go to court the first time after magistrate? I have an attorney but I can t afford to pay her what she wants($35,000).The charge is a joke,I don t even do drugs,much less sell them.However,this is the charge i m facing and it has a minimum mandatory sentence of 25 years.

They can give you one.

At the initial appearance you can ask for a Public Defender.

The court will appoint you a public defender.

They give you a court appointed Lawyer.

Only bring this up, because some of the other answers while not wrong are a little unclear. It is not that the state can give you a public defender. The state is REQUIRED to give you a public defender. The distinction is not much but you should know that a public defender is not a privilege it is a right, (part of that fair trial crap). A criminal court can not force you to stand trial without a lawyer. Having said that, public defenders are typically not the best (some are very good, but most are just starting out, when they get good they get hired by big firms). So if you can hire a criminal defense lawyer you should.

Do you not have legal aid where you are? These lawyers don t charge or if they do the govt pays their salary. Who is the judge fooling 25 years is for 1st degree murder. Good luck I hope you get this mess straightened out.

I really wouldn t try to do this without a lawyer....trust me, you ll regret it. If you make less than a certain amount, you can get legal aid counsel. If you don t qualify, see if your lawyer will take installment payments, or accept a lien on any property you own as security for the unpaid portion of the retainer.

It is unconstitutional for the State not to give you a lawyer if you cannot afford one yourself, when they are prosecuting you for a criminal action. And here s the real secret too. Most of the quot;freequot; attorneys who get appointed have more court experience than most high-power attorneys. They know the prosecutors office, they know all the judges, they know all the cops, and they know all the tricks. The only issue is getting them to actually take your case seriously because (let s face it) usually their clients are guilty, and they can get really jaded. But - most private defense attorneys - most of their clients are guilty too. So they re jaded too.

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