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Can judge force me to represent myself?

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treja

Junior Member
Florida

My husband is charged with driving while license revoked. I bonded him out on a $10,000 bond. I borrowed $1000. from my parents to do so. My husband is a full-time student and works part-time. There is no way we can afford an attorney. The judge decided that due only to the fact that we were able to post the bond, my husband does not qualify for a public defender.

We called several attorneys in the area. No one would represent him for less than $2500 retainer. We do not have it, nor can we borrow it from anyone. We even sent letters offering payment plans and working off the money. No one responded. My husband explained all of this to the judge at pretrial. The judge still refused to appoint the public defender and refused to continue trial. My husband asked if the judge was forcing him to represent himself and the judge said yes.

Trial is next Monday, 3/13/06. We tried to talk to the State about working out something, but they refused to talk to us. The judge said my husband was representing himself, but the State still won't talk to him.

There are extenuating circumstances to the case that require it go to trial. First of all, DMV corrected license and it is no longer revoked, and shouldn't have been when my husband was arrested. (another county judge vacated one of the DWLS charges, therefore, not habitual and shouldn't have been revoked). Also, stranger yet, is the fact that my husband wasn't driving. The officer claimed he witnessed him driving earlier in the day. I was actually driving when we were pulled over, but an ID check of all passengers showed my husband's license was revoked.

So, I have 2 serious questions.
1. Can someone be arrested for driving while license revoked-even though they were not driving at the time of the traffic stop? Does the officer claiming to have seen the person driving earlier constitute an arrest and charge?
2. Can the judge force my husband to represent himself?

(is there any way of applying for a public defender without the judge appointing one? Are there certain eligibility requirements?)

Thank you.
 


Ohiogal

Queen Bee
treja said:
Florida

My husband is charged with driving while license revoked. I bonded him out on a $10,000 bond. I borrowed $1000. from my parents to do so. My husband is a full-time student and works part-time. There is no way we can afford an attorney. The judge decided that due only to the fact that we were able to post the bond, my husband does not qualify for a public defender.

We called several attorneys in the area. No one would represent him for less than $2500 retainer. We do not have it, nor can we borrow it from anyone. We even sent letters offering payment plans and working off the money. No one responded. My husband explained all of this to the judge at pretrial. The judge still refused to appoint the public defender and refused to continue trial. My husband asked if the judge was forcing him to represent himself and the judge said yes.

Trial is next Monday, 3/13/06. We tried to talk to the State about working out something, but they refused to talk to us. The judge said my husband was representing himself, but the State still won't talk to him.

There are extenuating circumstances to the case that require it go to trial. First of all, DMV corrected license and it is no longer revoked, and shouldn't have been when my husband was arrested. (another county judge vacated one of the DWLS charges, therefore, not habitual and shouldn't have been revoked). Also, stranger yet, is the fact that my husband wasn't driving. The officer claimed he witnessed him driving earlier in the day. I was actually driving when we were pulled over, but an ID check of all passengers showed my husband's license was revoked.

So, I have 2 serious questions.
1. Can someone be arrested for driving while license revoked-even though they were not driving at the time of the traffic stop? Does the officer claiming to have seen the person driving earlier constitute an arrest and charge?
2. Can the judge force my husband to represent himself?

(is there any way of applying for a public defender without the judge appointing one? Are there certain eligibility requirements?)

Thank you.
What punishment is he facing? A public defender is not needed to be appointed for a minor misdemeanor or anything that would result in less than 6 months in jail.
And the judge is not forcing your husband to represent himself -- he is stating that an attorney will not be appointed for your husband. That is different.
yes there are certian eligibility requirements.
 

treja

Junior Member
He is facing 5 years prison, according to the Judge. It is a felony.
How can I find out if my husband qualifies for the PD? Can I go above or around the judges decision? Can he appeal it? We just don't know what to do with trial on starting Monday. Thank you.
 

stephenk

Senior Member
"A public defender is not needed to be appointed for a minor misdemeanor or anything that would result in less than 6 months in jail. "

When was the U.S. Constitution revoked?
 

stephenk

Senior Member
how many times has he been caught driving with either a suspended or revoked license? He must have prior convictions to be facing 5 years in prison for this charge, right?
 

garrula lingua

Senior Member
I've never heard of felony driving on a suspended driver's license (& 10,000 bail?!?) That has to be a stolen auto or similar charge.

If your H bonded out, the presumption is that H can afford an attorney.

...but, if H is in custody, then the PD will be appointed.

I suggest H contact the county ciminal bar panel, if there is one at your location (call your County Bar Association), to hire an attorney, ASAP.
 

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