DA's Letter

[IsabellaSoriano]

Originally Posted by Evershine

Reflect on your own "signature quote" and try to be productive. I'm done with this thread.

har har har

[nrknlknek]

With all of the unrelated antics going on here, I'm not sure what your question is, but if you are asking whether or not your friend can avail themselves of the PD office, the answer might be "no" unless the charge, if convicted, could result in a sentence of 1 year or more. I believe, not sure, that is the rulke in CA. Many CA law schools have legal clinics and yopu might consult with them.

[Ohiogal]

Originally Posted by Evershine

This is not a playground for kids.

FYI:

jail  /dʒeɪl/ Show Spelled Pronunciation [jeyl]

–noun
1. a prison, esp. one for the detention of persons awaiting trial or convicted of minor offenses.
–verb (used with object)
2. to take into or hold in lawful custody; imprison.

You do not understand. There is a difference in the legal system between a jail and a prison. And you are right -- this is not a playground for kids. So quit playing. You are acting like you are in third grade because people are trying to educate you.

[Ohiogal]

Originally Posted by nrknlknek

With all of the unrelated antics going on here, I'm not sure what your question is, but if you are asking whether or not your friend can avail themselves of the PD office, the answer might be "no" unless the charge, if convicted, could result in a sentence of 1 year or more. I believe, not sure, that is the rulke in CA. Many CA law schools have legal clinics and yopu might consult with them.

You are wrong. See Gideon v. Wainwright which states that any indigent person facing a deprivation of liberty should be appointed counsel. California cannot state 1 year or more. Unless they want to run afoul of the US Constitution and the US Supreme Court.

Held: The right of an indigent defendant in a criminal trial to have the assistance of counsel is a fundamental right essential to a fair trial, and petitioner's trial and conviction without the assistance of counsel violated the Fourteenth Amendment. Betts v. Brady, 316 U.S. 455 , overruled. Pp. 336-345.

[nrknlknek]

Ohiogal...I'm taking this from a progressively fading memory, but I recall that in Gideon V. Wainright, the Court held that Gideon had been denied access to Counsel in a felony trial and ultimately filed a writ of certorari to the SC who appointed "later to be" Justice Abe Fortas as his Counsel. I do not recall the decision as compelling a state court to furnish a PD for a midemeanor trial. Perhaps, some of the more erudite lawyers on this forum can correct me. All that said, the point I attempted to make to the OP is that they can attempt to petition the court for a PD, but may not prevail in that attempt.

[CourtClerk]

Originally Posted by nrknlknek

With all of the unrelated antics going on here, I'm not sure what your question is, but if you are asking whether or not your friend can avail themselves of the PD office, the answer might be "no" unless the charge, if convicted, could result in a sentence of 1 year or more. I believe, not sure, that is the rulke in CA. Many CA law schools have legal clinics and yopu might consult with them.

Wrong. The answer is yes. CA provides PD's for anyone that qualifies and is facing a criminal charge.

[CourtClerk]

Originally Posted by nrknlknek

All that said, the point I attempted to make to the OP is that they can attempt to petition the court for a PD, but may not prevail in that attempt.

Wrong again. The OP CANNOT petition the court for a PD. The OP (admittedly) is not a party to this case. The letter belongs to a "friend."

[Ohiogal]

Originally Posted by nrknlknek

Ohiogal...I'm taking this from a progressively fading memory, but I recall that in Gideon V. Wainright, the Court held that Gideon had been denied access to Counsel in a felony trial and ultimately filed a writ of certorari to the SC who appointed "later to be" Justice Abe Fortas as his Counsel. I do not recall the decision as compelling a state court to furnish a PD for a midemeanor trial. Perhaps, some of the more erudite lawyers on this forum can correct me. All that said, the point I attempted to make to the OP is that they can attempt to petition the court for a PD, but may not prevail in that attempt.

I posted the holding. ANYTIME jail time is a possibility counsel is to be appointed if an indigent client requests it.