Denied by Public Defender..twice! (long)

[sandk2580]

Hi everyone,
My fiance is currently awaiting trial and applied for a PD first when he was arrested..He got denied because I bailed him out..we found a paid attorney who accepted bail assignment as a retainer since we have no extra resources we live paycheck to paycheck..well the paid attorney did absolutely nothing for us..wouldn't even offer his opinion on what our best course of action would be saying he doesnt give his opinion he lets the choices up to the clients..anyways we scraped up another 500 bucks for him before the preliminary and were told from the beginning that we could work out payment as things played out.


But then before the arraignment hearing we called him several times and barely got any response back..the day before the hearing he called us and asked what we've been up to since he hadn't heard from us andsaid that we needed to pay 2500 before the arraignment hearing..we told him we didnt have that much cash just lying around and to see if we could work out a payment arrangement like originally talked about..he basically told us no and good luck with our case..


We went to hearing alone..that day applied for PD the second time and was denied because he makes too much money..how is this possible? we have pretrial motions next week and still have no lawyer because we can't afford one..we have no idea what to do..as far as ive been able to find out there is no legal aid in our state for criminal cases only civil..does anyone have any ideas?

[laneyb]

Two recommendations - contact your State's Bar Association and explain your situation. They may be in a position to direct you to a group of attorneys who have agreed to provide pro bono work. 2nd recommendation - always have a contract. Our contracts outline the total fee and any payment arrangements including specific payment deadlines such as prior to the arraignment.

good luck!

[SusanWayward]

About this attorney's despicable behavior, most if not all states have a board that governs attorney ethics & behavior.

This is the link to the "Pennsylvania Disciplinary Board" which would be the place to file a complaint about him:

http://www.padisciplinaryboard.org/c...to_contact.php

And...I don't think there is a court in this nation that allows criminal defendants charged with felonies to appear before the bar with NO representation. In my state, they pull this type of shenanigans with misdemeanors sometimes, but never with felony cases. So, if you wind up in court and tell this situation to the judge, I cannot believe the case will go forward with your LO having NO representation.

What our state will do with the felony cases is send you to court with an appointed attorney (or the PD) and then they bill you later. IF you don't pay, they take collection action against the defendant (not against his family members) So, if he has any assets or a job later, he could be subject to garnishment (but that's not in Pennsylvania, just giving you the rundown of what I know).

Originally Posted by sandk2580

Hi everyone,
My fiance is currently awaiting trial and applied for a PD first when he was arrested..He got denied because I bailed him out..we found a paid attorney who accepted bail assignment as a retainer since we have no extra resources we live paycheck to paycheck..well the paid attorney did absolutely nothing for us..wouldn't even offer his opinion on what our best course of action would be saying he doesnt give his opinion he lets the choices up to the clients..anyways we scraped up another 500 bucks for him before the preliminary and were told from the beginning that we could work out payment as things played out.


But then before the arraignment hearing we called him several times and barely got any response back..the day before the hearing he called us and asked what we've been up to since he hadn't heard from us andsaid that we needed to pay 2500 before the arraignment hearing..we told him we didnt have that much cash just lying around and to see if we could work out a payment arrangement like originally talked about..he basically told us no and good luck with our case..


We went to hearing alone..that day applied for PD the second time and was denied because he makes too much money..how is this possible? we have pretrial motions next week and still have no lawyer because we can't afford one..we have no idea what to do..as far as ive been able to find out there is no legal aid in our state for criminal cases only civil..does anyone have any ideas?

[yourself]

If you make too much, you make too much. You won't get a PD, and you won't get the court to appoint you an attorney. You will have to go forward alone unless you dig up the resources to get an attorney.

Yes, courts regularly allow people to defend themselves. It's called acting pro se or pro per. Usually, it's because the defendant thinks he can do it himself.

There's usually a bar referral service associated with the state bar. You can call them and ask them for some recommendations. Be prepared to barter, do a payment plan, give a lien on any property you have, and think creatively about payment. Stay away from really large firms as they live by the "billable hour" and probably won't represent you.

Legal Aid is for civil matters only. Indigent people have the PD for criminal matters. The people who make too much for the PD, but not enough to hire an attorney usually stay in jail without bail so that they can get the PD.

[Mcox'sbabygirl]

I don't know if they do this in your state but the law schools in RI give free counsel which is students about to graduate & take the bar and they are assisted & in court with a practicing attorney. My friend actually had a retired jugde so he got probation. maybe they could give some advice?

[yourself]

Originally Posted by Mcox'sbabygirl

I don't know if they do this in your state but the law schools in RI give free counsel which is students about to graduate & take the bar and they are assisted & in court with a practicing attorney. My friend actually had a retired jugde so he got probation. maybe they could give some advice?

students are assigned to a PD's office, or to an attorney's office. They cannot give advice to non-clients. They cannot give advice without supervision of a licensed attorney. Do not put them in that position or you could cost them their career before they ever have a chance to get licensed.

[xlabel]

What happens in these situations if one is "land rich but cash poor". If one has a paid for house, but no job, will they still give you a PD? Is it better to just not bail out and wait for trial?

[yourself]

Originally Posted by xlabel

What happens in these situations if one is "land rich but cash poor". If one has a paid for house, but no job, will they still give you a PD? Is it better to just not bail out and wait for trial?

sometimes it's better to sit in jail. If the worksheet doesn't come down on the side of appointing the PD to represent you, and you're land rich, you should be able to get a loan - home equity or otherwise. You usually have assets that can be converted into cash, usually for a loss, but....

You can also work out a payment plan, or barter for services if you have something the attorney wants.

Yes, it sucks going into debt to pay for a defense, but what's there to do about it? Very few of us are independently wealthy enough to mount pro bono defenses for people, especially in major crimes.

That said, many of us do negotiate fees. I represented a kid in exchange for 2 years of snow shoveling. To my amazement, he kept up his end of the bargain (kids can be sincere when negotiating, but follow through can be a problem, so...).

[HardHeadedWoman]

since you are not married they dont combine both incomes and dont even consider if he lives with you and share household exspenses. its his income alone the reason he was denied for maing too much.