Denied Court Appointed Attorney

[bobru]

What is the name of your state? MA

I am the defendant in a leaving the scene of an accident case. The judge told me it is a jailable offense (even though I am the fall guy in an insurance scam). I want a jury trial; but the judge has denied me a court appointed attorney, saying that because I own a house, I can take out a loan, even though I am currently unemployed, have less than $100 in my account, and am in the middle of a bankruptcy proceeding (I've already been notified that everything will be discharged with no assets available for dispersal).

The judge simply denied my right to a court appointed attorney and sent my case to the larger area court where trials are held, so now I have to go to a trial meeting this Wednesday. I would like to continue to pursue a court appointed attorney, as I am sure I qualify. I was the ONLY person he denied a court appointed attorney that asked for one that day. How do I go about getting this matter straightened out? Any help would be GREATLY appreciated.

 

[rmet4nzkx]

What is the name of your state? MA

I am the defendant in a leaving the scene of an accident case. The judge told me it is a jailable offense (even though I am the fall guy in an insurance scam). I want a jury trial; but the judge has denied me a court appointed attorney, saying that because I own a house, I can take out a loan, even though I am currently unemployed, have less than $100 in my account, and am in the middle of a bankruptcy proceeding (I've already been notified that everything will be discharged with no assets available for dispersal).

The judge simply denied my right to a court appointed attorney and sent my case to the larger area court where trials are held, so now I have to go to a trial meeting this Wednesday. I would like to continue to pursue a court appointed attorney, as I am sure I qualify. I was the ONLY person he denied a court appointed attorney that asked for one that day. How do I go about getting this matter straightened out? Any help would be GREATLY appreciated.

It would help if you would put this at the end of your first thread on this quesiton from November and add any other information, you have already had at least 3 pretrial appearances.
https://forum.freeadvice.com/showthread.php?t=290631 https://forum.freeadvice.com/showthread.php?t=290725

 

[bobru]

I am sorry if I did something wrong; I figured nobody looks at posts so old. At the previous pretrial conferences, the ADA didn't have any info, so they kept making me come back. I'm just trying to find out what I can do about the court appointed attorney situation.

 

[oo2]

You have two choices:

1. Take advantage of the fact that you have a Constitutional right to defend yourself by acting as your own attorney; or,

2. Sell your home and use the funds to hire and pay for an attorney.

That's it.

IAAL

 

[bobru]

I am not qualified to act as my own attorney. Selling my house is not an option, especially when my current situation should warrant that I qualify for a court appointed attorney.

 

[rmet4nzkx]

You need to give us the facts, that is why IAAL gave you the answer he did and not everyone is going to look at your other posts like I did. Actually, if you tell your story honestly and throw yourself on the mercy of the courts you might do OK, but you are not going to be assigned a PD for a traffic violation. What are you not telling us?

 

[CdwJava]

Try this link:

http://www.massbar.org/lawhelp/legal_info/index.php?sw=3126&full_id=228

It has some information and a couple of numbers to call. They might be able to give you the guidelines for qualification in your jurisdiction.

- Carl

 

[bobru]

Thank you very much, I will call them tomorrow. I am also going to gather some financial records together and apply for a quick answer back home equity loan (I already know they will deny the loan). And go from there.

As to the other question "What aren't you telling us?" Nothing--but I have been calling the DA on the fact that they are trying to pursue this charge without giving me proper discovery; and this court likes things quick and neat--ie I plea out and pay the money. Well, this case is a scam; and I'm not going to just roll over to make it go away.