public defender released from case

[lawrenq]

I make at my current job not 25,000 a year. So last week I had to go to the courthouse and my public defender told me that she doesn't think that i qualify for one. So we go up in front of the judge and gives him some information and he releases her from my case and gives me an order to retain counsel in thirty days. I can't afford a lawyer, can I reapply for a public defender? This happened in South Carolina, I had been approved for a public defender two months prior to this.

 

[Two Bit]

Contact the public defender's officer and see if they can overrule the judge's decision.

They're really for people who are actually destitute. In your case, you have a job and an income. You should be able to hire a lawyer.

 

[lawrenq]

I have a job and an income, but i only had this job for six months. I just got out of debt for being arrested and making bond. I have two dependants and bills that i can barely make. How can they say i don't qualify for a public defender, when they assigned one to me. The public defender i had had already been on my case for months. She told me that my case is complicated and that it has to go to trial. From what i heard from others, is that if she can't get you to plea guilty then she won't help you. It was her choice to go in front of the judge to get released from my case. And where am i suppose to come up with a fee for a lawyer that costs half of what i made last year? Do i have any other options besides representing myself? Any comments will be appreciated.

 

[JETX]

I have a job and an income, but i only had this job for six months.

Not relevant. You HAVE a job with income!!

I just got out of debt for being arrested and making bond.

Not relevant.

I have two dependants and bills that i can barely make.

Then cut your bills.

How can they say i don't qualify for a public defender, when they assigned one to me.

Because they either made a mistake or your financial status has changed.

The public defender i had had already been on my case for months.

Not relevant. Why should the public pay for your defense when the court has decided that you can afford it??

She told me that my case is complicated and that it has to go to trial.

Not really. If you are guilty, plead so. If you are not, then the case might be complicated.... and your new attorney can discuss strategy with your old one. Attorneys are removed from cases all the time for all sorts of reasons.

From what i heard from others, is that if she can't get you to plea guilty then she won't help you.

Then why do you want her to continue as your counsel???

It was her choice to go in front of the judge to get released from my case.

Gee.... and why EXACTLY was that??? Attorneys don't simply do that without some reason.

And where am i suppose to come up with a fee for a lawyer that costs half of what i made last year?

Not the publics problem.

Do i have any other options besides representing myself? Any comments will be appreciated.

Come on!!! How do you expect us to know your financial condition?? Hell, we don't even know YOU!!
So, the court reviewed your condition and felt that you are not eligible for provided public counsel. Your options are:
1) To contact the office of Public Defender and see if they can do anything to help you, or
2) Go out and get an attorney.

BTW, what were you charged with??

 

[lawrenq]

Last february i was charged with criminal sexual conduct with a minor. This girl said that one night when she came to my aunt's house to visit my cousin in august of 2004, that me and her went for a ride in my car and that we had sex. But that event never happened, in fact the cousin that she said she came over to visit wasn't living at my aunt's house at that time. She was living in another state and she didn't move with my aunt until a month later. From what i learned from my previous lawyer was that this incident was reported in december of 2004. There is no evidence or no witnesses. This girl has been in my car before in october, when i took my cousin to the corner store that is about a minute away. The girl was 15 and i was 20 at time she said this incident occured.

 

[lawrenq]

Last february i was charged with criminal sexual conduct with a minor. This girl said that one night when she came to my aunt's house to visit my cousin in august of 2004, that me and her went for a ride in my car and that we had sex. But that event never happened, in fact the cousin that she said she came over to visit wasn't living at my aunt's house at that time. She was living in another state and she didn't move with my aunt until a month later. From what i learned from my previous lawyer was that this incident was reported in december of 2004. There is no evidence or no witnesses. This girl has been in my car before in october, when i took my cousin to the corner store that is about a minute away. The girl was 15 and i was 20 at time she said this incident occured.