Miranda rights not for everyone??

[MJgirl]

What is the name of your state (only U.S. law)? GA
My son is facing a theft by taking charge in Georgia....it was less than 500 now he is saying the law has changed and lowered the amount and now its a felony.....but my question is they are saying he makes too much to have a court appointed attorney....he makes very little and cant afford one....but I thought under the miranda rights everyone is intitled to free representation if they cant afford it....does that not apply here? thanks Cathy

 

[Proserpina]

What is the name of your state (only U.S. law)? GA
My son is facing a theft by taking charge in Georgia....it was less than 500 now he is saying the law has changed and lowered the amount and now its a felony.....but my question is they are saying he makes too much to have a court appointed attorney....he makes very little and cant afford one....but I thought under the miranda rights everyone is intitled to free representation if they cant afford it....does that not apply here? thanks Cathy

Apparently the State believes he makes too much to qualify for a PD.

 

[Silverplum]

What is the name of your state (only U.S. law)? GA
My son is facing a theft by taking charge in Georgia....it was less than 500 now he is saying the law has changed and lowered the amount and now its a felony.....but my question is they are saying he makes too much to have a court appointed attorney....he makes very little and cant afford one....but I thought under the miranda rights everyone is intitled to free representation if they cant afford it....does that not apply here? thanks Cathy

Apparently, he makes over the income limit for GA. Here's a link to the income limits for one GA county: http://www.habershamga.com/publicdefender.cfm

Miranda info here:
http://www.usconstitution.net/miranda.html

 

[latigo]

What is the name of your state (only U.S. law)? GA
My son is facing a theft by taking charge in Georgia....it was less than 500 now he is saying the law has changed and lowered the amount and now its a felony.....but my question is they are saying he makes too much to have a court appointed attorney....he makes very little and cant afford one....but I thought under the miranda rights everyone is intitled to free representation if they cant afford it....does that not apply here? thanks Cathy

The law has not changed! But it is not from the decision handed down in Miranda vs. Arizona that citizens charged with criminal offenses derive the right to counsel. It is the 6th Amendment to the United States Constitution!

And the Constitution of the State of Georgia:

Paragraph XIV . Benefit of counsel; accusation ; list of witnesses; compulsory process. Every person charged with an offense against the laws of this state shall have the privilege and benefit of counsel; . . . .

But you son isn't likely to get anywhere arguing with the idiot of a redneck judge. So get in touch with a nearby Chapter of the ACLU. Immediately! An experienced defense attorney wouldn't even open a file for $500.

 

[Mass_Shyster]

But you son isn't likely to get anywhere arguing with the idiot of a redneck judge. So get in touch with a nearby Chapter of the ACLU. Immediately!

The judge may not be an idiot. I don't know about Georgia, but in Mass, when determining indigency status the parents income is considered if the kid still lives at home, even if over 18.

 

[TigerD]

And then you have areas like Missouri where the Public Defender's Office is so swamped, they stopped taking clients. Judge started appointing counsel from the bar registration.

If you were facing a felony beef, how would you like to have an assistant corporate lawyer handling your criminal trial?

Strange times. Few jobs and not enough lawyers in some areas.

DC