My friend was taken into custody for a warrent he was unaware he had. One child support bill has been sent to his residence, but he did not pay it because he does not believe he is the father. He recieved that letter over a year ago. Since then, he has not recieved a court date or a warrent in the mail, even though they have his correct residency. He is 21 years old, the woman is 40, and the child is 2. He is now incarcerated at Ingham County Jail in Ingham, MI. He was told by the officer that he is not allowed a court appointed lawyer, because he has already been proven guilty. If he has been proven guilty why is he standing trial, and how can he be proven guilty without a positive paternity test, or a trial? He was issued a paternity test though he never took it, because as I previously said, he does not think he is the father. Now I know some of his actions were dumb on his part, but please respect that I am just trying to help him and it is too late to change those bad decisions now. My biggest concern is the fact he was denied a lawyer, and somehow, "already proven guilty"?
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Denied Court Appt. Lawyer
- Thread starter Piiixiee
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Zigner
Senior Member, Non-Attorney
That's what happens when one ignores court matters.
The best way you can help him is to help him pay for an attorney.
That's not the point. I want to know how he has already been proven guilty prior to a trial. Hence the explanation of the term, "innocent until proven guilty," which apparently does not apply to his case. If you cannot afford a lawyer, they are legally supposed to appoint you one, no matter how stupid they think you have acted. You cannot be denied legal aid just because you cannot afford it. I am also not taking responsibility for paying his lawyer, that's up to him. I just want to know what criteria creates a situation where the court can deny you a lawyer and charge you prior to a trial. He has never stood trial for this before.
It doesn't matter how, "smart" or "stupid" his behavior was, and I already posted in the original submission that I was not the one responsible for the actions, and clearly as I stated I am well aware of how dumb they were. I am asking about information that has NOT been addr
Are you certain that there was not a trial? There may have been a trial and he ignored that like he ignored the rest. Ignoring the first summons was a huge mistake. If he had gone to court then, he could have proven he was not the father. Since he did not show up, it is possible he was the only person named as the potential father and therefore, he became father by default. Really at this point, all you can do is help pay for a lawyer. Even without a trial, he will need one.
I am 110% sure he has not stood trial. Yes, when you ignore something like that I know you are by default considered the father. However, where is the evidence that because of that he can be denied a lawyer? Not standing trial does not mean no lawyer. It means a warrent for your arrest is issued and you must stand trial. How can a lawyer be denied in that aspect?
It is my business because he made it my business. If you feel that way, then it is definitely not your business to be responding. Is anyone going to actually answer my question or just spit out opinions about what they think? I thought this was for legal advice, not opinions.
LdiJ
Senior Member
Ok, let me give this a try. He was ordered to take a paternity test and blew it off, so he was declared the father by default. He was ordered to pay child support and did not do so because he did not believe that he was the father. After a certain amount of time the prosecutor filed a case against him for non-payment of support. He apparently blew that off as well. Therefore the judge held him in contempt, again by default, and ordered him to jail. The judge issued an arrest warrant so that he would be picked up and taken to jail. He has already been tried and sentenced. That is why they are not giving him an attorney.
You can help him hire one if you want to do so. They cannot stop him from hiring an attorney (and he should), they just don't have to give him one.
Zigner
Senior Member, Non-Attorney
Feel free to discuss this with an attorney.
Silverplum
Senior Member
Here's the fun part: when you start YELLING at us and being demanding and rude, we volunteers can just move along. Also, we disdain third-party questions because they never have all of the details and it's not their business.
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