What happens if you change your mind?

[Lordbew/us]

My son told us he waived his right for a public defender, he was under the impression that we would Again...pay for his attorney.

Can he still ask for a public defender or would he have to represent himself?

He recently self surrendered for a probation violation, his past charges were misdemeanors for ...underage drinking, pot, driving on a suspended license...
The last time he saw the judge he was in between rehab. The judge allowed him to go back to rehab with the condition of completing rehab and staying out of trouble. Well, alot happened and he couldn't stay clean, he tried to o.d., so knowing that he would be put in jail, my husband and I sent him out of state for more rehab. It's been a whole year and he still isn't able to stay clean, but he really wants to get his violation/jail time behind him.

At this point we are pretty clear on what the judge told my son last year....that he would have to serve the remainder of his probation time if he messed up. We figure that would be approx. 16 months max. w/o good time.

At this point my husband and I see little value for us in retaining his attorney to represent him, we are not looking for a reduction in his time, since that would put him back at our home or on the streets soon than later.

I am to the point that anytime in jail will keep him clean, and give us a rest. I am ready to take advantage of anytime that will help us keep him clean. Lord, how I hate to say that. I am praying and hoping that if he stays in jail for whatever time he will be drug free and gain the strength and insight he will need to try and stay clean when he gets out.

[Gryphon]

He can ask for an appointed lawyer at his next court date (telling the judge he can't afford to retain an attorney, and his family didn't retain one as he incorrectly anticipated.
There are possible sentencing issues, but I don't know the possibilities in your state. Drug offenders sometimes have more constructive options than simply serving time.

Originally Posted by Lordbew/us

My son told us he waived his right for a public defender, he was under the impression that we would Again...pay for his attorney.

Can he still ask for a public defender or would he have to represent himself?

He recently self surrendered for a probation violation, his past charges were misdemeanors for ...underage drinking, pot, driving on a suspended license...
The last time he saw the judge he was in between rehab. The judge allowed him to go back to rehab with the condition of completing rehab and staying out of trouble. Well, alot happened and he couldn't stay clean, he tried to o.d., so knowing that he would be put in jail, my husband and I sent him out of state for more rehab. It's been a whole year and he still isn't able to stay clean, but he really wants to get his violation/jail time behind him.

At this point we are pretty clear on what the judge told my son last year....that he would have to serve the remainder of his probation time if he messed up. We figure that would be approx. 16 months max. w/o good time.

At this point my husband and I see little value for us in retaining his attorney to represent him, we are not looking for a reduction in his time, since that would put him back at our home or on the streets soon than later.

I am to the point that anytime in jail will keep him clean, and give us a rest. I am ready to take advantage of anytime that will help us keep him clean. Lord, how I hate to say that. I am praying and hoping that if he stays in jail for whatever time he will be drug free and gain the strength and insight he will need to try and stay clean when he gets out.

[Impervius]

Yea they will have to get him a public defender. They certainly won't make him represent himself.. Even the people who do desire to represent themselves get a lecture from the judge to try to talk them out of it.

[Lordbew/us]

Thanks everyone.

I think my son has exhausted his options with this judge.
My son will have to serve his time, whatever the judge decides. Like I said we think it will be a max of 16 months, if he doesn't get credit for good time.
The other thing is my son did self surrender in mid September, his court date isn't until mid October. We've been told that the time he is doing right now may be considered dead time, and therefore may not be credited towards any of his time ???
I hope that is not the case, that would be pretty crappy.
I don't see a reason to hire our own attorney because of this, a public defender could represent our son, I think just as well...since the judge was already pretty clear with our son, last year, about what he could expect if he did not complete his rehab.

[Impervius]

He should get credit for the time he is spending in jail.

[Lordbew/us]

I agree with you. I would think he would get credit for the time he has been in. But the last attorney that represented him said there was a chance that the time our son is sitting in jail would be considered dead time and would not count. I don't know how much of this is lawyering for hire. I know at this point it would be easy money for our attorney since there really, in my eyes not much he could do.
I have told my son I thought a public defender could do just as much under the circumstances.
He did self surrender, so that should say something, and unless the judge gets a wild hair of vengeance I don't think he's going to up the time. I don't know, is that a possibility since the judge has already spelled out the consequences to my son?
I know my son was hoping that maybe he would get a different judge, even so I don't think that would change things. I would think a new judge would read the commentary from the first judge and not deviate from what the first judge told my son. My son really isn't looking forward to facing this judge.