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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 01-31-2003, 10:04 AM
ChrissyF
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Court appointed lawyer.


How do you apply for a court appointed lawyer in the state of Texas for a felony (non-violent) chrime? Are there forms you can fill out in advance to present the judge/court? Have not gone before judge to enter plea. Is this where you ask for a lawyer? How well do they search your financial background to determine whether you pay something or nothing?
  #2  
Old 02-01-2003, 09:38 AM
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Join Date: Jan 2001
Posts: 12,075
Call the public defender's office for your locality. You may be asked if you require the services of a PD at your hearing if you do not have one.
  #3  
Old 02-01-2003, 01:55 PM
Boxcarbill
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Re: Court appointed lawyer.


Quote:
Originally posted by ChrissyF
How do you apply for a court appointed lawyer in the state of Texas for a felony (non-violent) chrime? Are there forms you can fill out in advance to present the judge/court? Have not gone before judge to enter plea. Is this where you ask for a lawyer? How well do they search your financial background to determine whether you pay something or nothing?
Yes, you have to fill out an application for a court appointed attorney and you have to meet the indigent requirement. Some judges are more thorough than others in their inquiry into financial resources. For example, we have several Judges that are extremely reluctant to appoint an attorney if the accused is out on bail. The rationale: We aren't going to allow them to pay a bondsman and then claim that they are too poor to afford to hire an attorney. So the moral is get your freebie attorney and then give your money to the bonding company. Incidentally, I am familiar with one case in which the prosecution failed to get a conviction on the felony count so when they found that he had assets and had sworn a pauper's affidavit for court appointed counsel in the felony case in which he was acquitted, the prosecution then tried him on perjury charges.

Last edited by Boxcarbill; 02-01-2003 at 02:02 PM.
  #4  
Old 02-01-2003, 03:20 PM
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Location: Somnambulist University
Posts: 39,559
Texas does not have a 'public defender' system, per se. Each court has a pool of 'regular' attorneys who have been selected or requested to be put on the 'list'.

When you appear before the judge to be arraigned (charges), you will be asked if you have an attorney. You can request one at that time. You will then have to complete some documents as to property owned, cash, assets, etc. and sign under oath. After a review (and possible investigation to confirm) an attorney may be appointed for you. You should realize that if you aren't honest as to your paperwork, you could be subject to perjury charges (as correctly noted by BoxCarBill).
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #5  
Old 02-05-2003, 10:27 PM
Son_of_Spam
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Re: Re: Court appointed lawyer.


Court appointed lawers are for the birds, Jail Birds! They have to work for like minimum wage
while they "defend" you. The first thing they want to do is “get you a deal” (read: get rid of you fast). You
see, the judge, the deputy DAs, and the lawers are all on a first name, see you at the bar, basis. They may already
know what they are going to do with you before you ever even see any of them. The criminal lawers have to serve
the public once in a while by “defending” a poor person, whom can not afford a lawer. This pisses some of them of
to no end because, while with you, they can’t get their usual fee. Your skill with the computer shows that, with the
right books, you can do more for yourself than any court appointed lawer would want to do. The books are at the
Law Libary and are free for you to read.

It is said, “He who defends himself, has a fool for a client.” Wasn’t it some liar that said that?
  #6  
Old 02-10-2003, 12:36 AM
AbstractCypher
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you said PD...is that penetentiary Deliverer?


You gotta do what you gotta do, but its been my experience(in Chicago) that the majority of public defenders work VERY closely with the states attourney to get a conviction. So they offer you probation or community service or restitution or something that doesn't involve jail time but does give them that beloved "CONVICTION". It's actualy rather sickening. But thats just been my experience.Cant speak for everyone or everywhere.
  #7  
Old 02-10-2003, 02:40 AM
loocpoc
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Re: you said PD...is that penetentiary Deliverer?


Quote:
Originally posted by AbstractCypher
You gotta do what you gotta do, but its been my experience(in Chicago) that the majority of public defenders work VERY closely with the states attourney to get a conviction. So they offer you probation or community service or restitution or something that doesn't involve jail time but does give them that beloved "CONVICTION". It's actualy rather sickening. But thats just been my experience.Cant speak for everyone or everywhere.
Actually I work in Chicago on a daily basis (and usually with the Cook County State's Attorney's Office along with the US Attorney's Office) and from what I gather is that plea bargins that are nogatioted in Cook County tend to be because of an overworked court system vs public defenders/ASA's wanting the conviction under the belts.
  #8  
Old 02-10-2003, 02:58 PM
AbstractCypher
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it's a little bit of both...


it's actually a little bit of both.realy depends on the actual p.d. Alot of p.d's are in the midst of becoming s.a's themselves. And alot of s.a's are gunning at a political seat in some kind of office.
  #9  
Old 07-07-2003, 05:34 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,559
pk13:
Please do NOT post your message in the middle of someone elses thread. It is rude and simply 'hijacks' the thread from the original poster. It also causes confusion on the forum when people are responding to the original post and you think it is directed at you (etc.).
Delete your post on this thead and ask your questions in a new thread of your own.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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