Legal Rights to an Attorney

[beach08]

What is the name of your state? Maryland

In Harford County District Court, 24 yr old daughter had requested a postponement by mail to continue substance abuse treatment. Request was denied, case was a citation for shoplifting, less than $100 value. She has one other shoplifting charge pending and a prescription forgery charge from 04/2004 (which occurred prior to her 1st ever court appearance for anything) In 07/2004 she was given a PJB for prescription forgery which the documents clearly indicate an addiction problem, but no treatment eval or recommendation was given. Unfortunately her addiction was undiscovered by me until 03/2005. She went to court today, her attorney was not there, I advised that states attorney she would like to postpone due to the fact her attorney was not there, she turned and said TO BAD! the case preceeded without any legal representation, and she was sentenced to 90 days in dentention center, with a remark they will evaluate to determine if she needs tx, DAH? and then when a IP bed comes available they would transfer her. The likelihood of a bed available is a joke in Maryland. Is this a violation of her constitutional rights, 6th and or 14th amendment. In addition she is on a suboxone under a private doctor, I called the dentention center to ask if she would be able to get her prescribed medication, they said NO, I have contacted her doctor and he is sending documentation of her medical tx, Can they deny her medication that was prescribed a doctor? In humane treatment

 

[seniorjudge]

Unless your daughter waived the right to a lawyer, she has a right to a lawyer with her at a plea.

I am assuming that this is what happened: she plead guilty without a lawyer there. If she did that then she must have given up the right to a lawyer.

The prosecutor has nothing to do with it. It is up to the judge to make sure that people have lawyers OR waive that right.

So what happened?

 

[beach08]

Legal right to Attorney

When we requested postponement agin today when the attorney was not present, the states attorney said; to bad and the case preceeded, the Judge said whats your pleasure? She was confused by the question and the judge said guilty or not guily, she cleary responded "NOT GUILTY" and the case went on. She was cleary confused to what was even happening.

 

[seniorjudge]

If she had plead not guilty, then a trial date would've been set.

She probably signed a waiver of a lawyer.

 

[beach08]

legal rights to attorney

Unfortunately again they did not have her sign anything, I was in the court room the whole time. As I explained above is just how it happened.

 

[garrula lingua]

Was she jailed on the Probation Violation ("PJB") for prescriptions in 7/2004 ?

It sounds as though the Judge did a probation violation with 90 days jail;
there would be no 'right to trial' but she would only have the right to a probation violation hearing in front of the Judge (sounds like that was what was being continued.) ???