Friend being held without due process - Wisconsin

[JeanW]

State of Wisconsin

My friend's husband was given 4 tickets for drunk driving, which he ignored, neither paying a fine or showing up in court. Knowing that warrants had been put out for his arrest, when the police showed up at his house, he and his wife hid. The police called the house and said they had an anonymous tip (a lie) that she was being held hostage, that they knew about his warrants and they weren't there for that reason, that all she had to do was let them know she wasn't being held hostage and they'd go away. She got on the phone and told them she was fine, and they said ok and the matter was closed. Later that day, she went out to the store, and they stopped her, and threatened to arrest her for aiding and abetting, to which she told them they'd have to go ahead and arrest her as she would not turn her husband in. They then gave her 3 days for him to be turned in. They talked about it that night and he walked to the police station the next morning and turned himself in.

He turned himself in on December 9th, 2004. He is being held at bail he cannot afford to pay. He can't get any legal counsel because he owns a home which they insist he must sell to pay for legal counseling. House is a very old run-down farmhouse, in which they have about $20,000 equity. They are deeply in debt because they don't know how to handle money, and because he was not working for fear of being arrested. So anyway, he has been refused legal counsel.

Several times a month, he is taken with a busload of other prisoners from the Franklin Correctional Institute into downtown Milwaukee to the courthouse. There they are forced to sit all day waiting to get a hearing in front of the judge. Then they're told the judge won't see them because they don't have legal counsel to represent them. They're shipped back to the prison to await their next "hearing."

I know this is against the Constitution. As citizens we have the right to defend ourselves. I'm not sure about how the legal counsel works... if its only for absolutely destitute prisoners, or poor... I would call them poor. A prisoner also has the constitutional right to a speedy trial. This is now five months, and has yet to stand in front of the judge to defend himself or correct the situation. This is a good man... with a drinking problem.

And obviously, if this is happening to him, its happening to all the others there at the Franklin Correctional Institute. And if its happening there, its happening in other places across the state, and across the nation.

My question is... what can he do to get the legal representation he desperately needs, or to get the judge to give him his hearing or civil court date and let him defend himself? Are there papers he can file? What would they be, and where and how would he file them? Is this a criminal case?

[rmet4nzkx]

Does he still have a drinking problem after being incarcerated 6 months?
If he wasn't working before what difference does it make financially if he sits in jail? She is the one supporting them. Has she filed for diveorce? It is not the state's problem if they cannot manage their money or if he has a drinking problem. She aided and abetted him, she is lucky that she is not in there too. He can retain counsel, then he will get his day in court.

[Curt581]

Originally Posted by JeanW

My friend's husband was given 4 tickets for drunk driving, which he ignored, neither paying a fine or showing up in court.

In other words, he's demonstrated unwillingness to comply with orders to appear... hence, cash bail was ordered.

If he'd have shown up like he was supposed to, the odds are very high that he'd have been given a personal recognizance bond.

He turned himself in on December 9th, 2004. He is being held at bail he cannot afford to pay. He can't get any legal counsel because he owns a home which they insist he must sell to pay for legal counseling. House is a very old run-down farmhouse, in which they have about $20,000 equity. They are deeply in debt because they don't know how to handle money, and because he was not working for fear of being arrested. So anyway, he has been refused legal counsel.

He was denied public defender representation. The PD's office has their own rules about an individual's ability to pay. That's not within the court's purview.

Several times a month, he is taken with a busload of other prisoners from the Franklin Correctional Institute into downtown Milwaukee to the courthouse.

I know exactly what you're refering to. It's called the Milwaukee County House of Correction. It is not a state prison. He's most likely held as a pretrial detainee in the custody of the Sheriff, only housed at the HOC.

There they are forced to sit all day waiting to get a hearing in front of the judge. Then they're told the judge won't see them because they don't have legal counsel to represent them. They're shipped back to the prison to await their next "hearing."

The Judge can not proceed without the accused being represented by council. Why hasn't he hired a private attorney?

I know this is against the Constitution. As citizens we have the right to defend ourselves. I'm not sure about how the legal counsel works... if its only for absolutely destitute prisoners, or poor... I would call them poor.

Again, that's up to the public defender's office. If they reject him because he has too many disposable assets, that's not the Judge's fault, nor is it "unconstitutional".

A prisoner also has the constitutional right to a speedy trial. This is now five months, and has yet to stand in front of the judge to defend himself or correct the situation. This is a good man... with a drinking problem.

Don't forget his attitude problem. He's the one who failed to appear on his court date, and hid from the cops when they came a'calling.

And obviously, if this is happening to him, its happening to all the others there at the Franklin Correctional Institute. And if its happening there, its happening in other places across the state, and across the nation.

Obviously, lots of people fail to show up for court when they're supposed to... What do you suggest we do with them?

My question is... what can he do to get the legal representation he desperately needs, or to get the judge to give him his hearing or civil court date and let him defend himself? Are there papers he can file? What would they be, and where and how would he file them? Is this a criminal case?

Yes, it most likely is. The next time he appears in court, he can tell the judge that he was denied public defender representation, can not afford to hire his own attorney, and ask the Judge to appoint a lawyer. He'll be stuck with whoever is available. He should know that the appointed lawyer is NOT free. He'll have to repay the County.

I suggest you get more facts on the case by looking his name up here:

[url]http://wcca.wicourts.gov/index.xsl[/url]

You'll have to click the button agreeing to the terms of use.

When you search for a name, use a full name and DOB to narrow the search. When you get a list, look for open cases with an 04CT case number. When you bring the case up, it'll have a button called "Court Record of Events". That will give you notes on dates, times, and what happened when he appeared. I think you'll be in for a surprise.

[JeanW]

Well gee... you seem to have gotten the idea that I see no wrong in his actions. Of course I do! He was a complete freaking idiot for handling this situation as he did. Nevertheless, whats done is done. All I'm looking for is information that may help him get his day in court.

He is not dealing with the fact that he's an alcoholic... because... he's an alcoholic. As far as what would happen if he defended himself, I don't know, since he's not dealing with his problem. From my point of view, he's still being flat out stupid. As far as what's happening with their money situation... she is going farther and farther into debt every month. There is no way she could pay an attorney... she can't even pay her utilities. As far as a divorce, she loves him and won't get a divorce... have already discussed that with her.

No, its not a state prison... but he is being held prisoner there. Can call it whatever you want, but he's still being held as a prisoner. What I was referring to as unconstituional was the fact that they will not allow him to represent himself. The 6th Amendment says this:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

From the way I read this, a person has a RIGHT to have the assistance of counsel, this is not mandatory.

I do thank you very much for the information you were able to give... I will check it out.

Jean

[stephenk]

You are correct in that he has the right to be represented by an attorney. Since he has assets he has the right to hire an attorney. The public defender's office will not represent him if he can afford his own attorney.

Have his wife take out a loan on the farm to hire an attorney. Better yet, why don't you loan them the money to hire an attorney?

[JeanW]

Ok... gonna try again...

Does he or does he not, have the right to represent himself?

He does NOT have the assets. No one will give them a loan... their house is mortgaged to the hilt.

As far as me loaning them money... I'm assuming that was either a joke or sarcasm. Could I just get a little help instead of snide comments?

[rmet4nzkx]

You said that they have equity, if they can't get a loan, then they will have to sell it. That is why I told you to have your friend see a divorce attorney.

[JeanW]

So are you saying he absolutely cannot defend/represent himself?

[stephenk]

He can represent himself. However, he has to inform the court he will representing himself. It looks like he hasn't told the court he waives his right to an attorney and wishes to proceed without one.

[JeanW]

Stephen,

Thank you very much! Really appreciate the straight answer.

Jean

[Curt581]

Originally Posted by JeanW

So are you saying he absolutely cannot defend/represent himself?

Yes, he can defend himself. It's called Pro-Se.

It's also probably the worst thing he can do.

If he decides to reject the gulity plea offer and proceed to trial, he doesn't have a prayer.

He'll be the lawn, and the prosecutor will be the mower.