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Something I've wondered about Miranda rights.

Posted on 5/18/20 at 3:18 pm
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 5/18/20 at 3:18 pm
anyone know if you can afford an attorney, but just don't want to pay for one, does the court still have to appoint you one? Obviously that may not be in your best interest, but is it doable?
Posted by Y.A. Tittle
Member since Sep 2003
111666 posts
Posted on 5/18/20 at 3:20 pm to
You don't HAVE to proceed with counsel.
Posted by bamabkj
Member since Dec 2015
737 posts
Posted on 5/18/20 at 3:21 pm to
Just represent yourself!
Posted by Jebadeb
Member since Oct 2017
5917 posts
Posted on 5/18/20 at 3:22 pm to
No, a court will not appoint you an attorney merely because you didn't hire one.
Posted by Huey Lewis
BR
Member since Oct 2013
5181 posts
Posted on 5/18/20 at 3:23 pm to
During your arraignment the judge will ask if you have an attorney. If not, he'll ask you why not.

If you say you can't afford one, he'll start asking about if you have a job and how much money you make.

If push comes to shove, he'll make you pay fees for a public defender if he deems you to have the means to pay but simply don't want to spend your own money.
Posted by Tortious
ATX
Member since Nov 2010
5773 posts
Posted on 5/18/20 at 3:23 pm to
You have to be indigent. You still may have to pay even then.
Posted by lsucoonass
shreveport and east texas
Member since Nov 2003
70143 posts
Posted on 5/18/20 at 3:24 pm to
No
Posted by Jim Rockford
Member since May 2011
106131 posts
Posted on 5/18/20 at 3:25 pm to
If you can't pay he'll sentence you to be the public defender's butler.
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 5/18/20 at 3:27 pm to
quote:

If push comes to shove, he'll make you pay fees for a public defender if he deems you to have the means to pay but simply don't want to spend your own money.


So if I'm arraigned on what I consider a slam dunk case, but don't want to come out the other end a few thousand lighter, the only option I have besides self-representation is to counter-sue?
Posted by Ash Williams
South of i-10
Member since May 2009
18563 posts
Posted on 5/18/20 at 3:31 pm to
quote:

So if I'm arraigned on what I consider a slam dunk case, but don't want to come out the other end a few thousand lighter, the only option I have besides self-representation is to counter-sue?


counter-sue?

Who are you counter-suing?

The police who arrested you on what you call a slam dunk case?

The DA? That's difficult in LA

The Judge?
Posted by lsufball19
Franklin, TN
Member since Sep 2008
74039 posts
Posted on 5/18/20 at 3:36 pm to
quote:

anyone know if you can afford an attorney, but just don't want to pay for one, does the court still have to appoint you one?

no, you have to show that you're indigent to be provided appointed counsel. Even then, most indigent defendants pay a one time, significantly reduced fee for their counsel
This post was edited on 5/18/20 at 3:37 pm
Posted by lsufball19
Franklin, TN
Member since Sep 2008
74039 posts
Posted on 5/18/20 at 3:38 pm to
quote:

So if I'm arraigned on what I consider a slam dunk case, but don't want to come out the other end a few thousand lighter, the only option I have besides self-representation is to counter-sue?

counter-sue for what, and who exactly would you counter-sue? That still wouldn't give you a free of cost attorney if you aren't indigent. And you're not entitled to counsel in civil matters (outside contempt that could come with jail time or parental rights termination cases) if that's your angle. Your options are going to be represent yourself or pay for an attorney. If you think it's a slam dunk and it's a minor offense, you shouldn't need to pay several grand for someone to take care of that.
This post was edited on 5/18/20 at 3:46 pm
Posted by The People
LSU Alumni
Member since Aug 2008
4461 posts
Posted on 5/18/20 at 3:39 pm to
There are a few well respected public defenders on this board. Someone will be here shortly to break it down for you.
Posted by RT1941
Member since May 2007
32308 posts
Posted on 5/18/20 at 3:45 pm to
quote:

So if I'm arraigned on what I consider a slam dunk case, but don't want to come out the other end a few thousand lighter, the only option I have besides self-representation is to counter-sue?




You need to pony up for an attorney, because you are fricking clueless.
Posted by TheFonz
Somewhere in Louisiana
Member since Jul 2016
23568 posts
Posted on 5/18/20 at 3:46 pm to
Remember, you get what you pay for.
Posted by Kyrie Eleison
Waco, Texas
Member since Jul 2012
1588 posts
Posted on 5/18/20 at 3:46 pm to
here in Texas, most counties have you interview with pretrial services (or similar office) to see if you qualify for ct. appt. counsel. and you'd have to sign an affidavit of indigency swearing that you don't have the funds to hire your own counsel.

i've never seen it done, but if you hide assets and sign the affidavit and it's discovered you do have funds, you could be prosecuted for perjury.

and "counter sue" in a criminal proceeding as a defendant? for what? and who?
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
69253 posts
Posted on 5/18/20 at 3:56 pm to
quote:

You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish.
Posted by DeafJam73
Baton Rouge
Member since Sep 2010
19122 posts
Posted on 5/18/20 at 4:03 pm to
You can get a pro-bono public defender if you can’t afford a lawyer. You might get lucky and land a good one, but most public defenders are over loaded. Some of them are juggling double digit cases. They can only commit so much time and effort to your case. If you can afford a lawyer, just bite the bullet and hire one.
This post was edited on 5/18/20 at 4:04 pm
Posted by Boring
Member since Feb 2019
3792 posts
Posted on 5/18/20 at 4:11 pm to
You can't afford a legal fight as a defendant, but you can afford to hire an attorney and counter sue?

Please, oh please represent yourself. Watching your stupid arse go all My Cousin Vinny as a pro se litigant would provide much comedic gold, however brief your esteemed career may be.
Posted by MoarKilometers
Member since Apr 2015
21436 posts
Posted on 5/18/20 at 4:14 pm to
quote:

Some of them are juggling double digit cases.

Per active court session... it amazes me what we blow expanding courthouses, yet scrimp on paying for adequate number of workers to keep the system functioning.
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