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 (another county judge vacated one of the DWLS charges, therefore, not habitual and shouldn't have been revoked).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 I was actually driving when we were pulled over, but an ID check of all passengers showed my husband's license was revoked.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.
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.