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  #1  
Old 10-23-2009, 08:18 AM
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Judge Denies PDefender


What is the name of your state (only U.S. law)? Texas
If a person charged with a felony has bailed posted for them, can the judge deny them a public defender because of that posting?
  #2  
Old 10-23-2009, 10:53 AM
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that would be: maybe
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  #3  
Old 10-27-2009, 03:59 PM
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Quote:
Originally Posted by susan.pimley View Post
What is the name of your state (only U.S. law)? Texas
If a person charged with a felony has bailed posted for them, can the judge deny them a public defender because of that posting?
I dont think so. Im pretty sure not, b/c Im certain being granted a PD is based upon your normal income, if you have children, and if you're going to be losing your job in lieu of this charge. If you're able to make bail, I dont think is part of that equation.
  #4  
Old 10-27-2009, 04:02 PM
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Originally Posted by Nicoleasm View Post
I dont think so. Im pretty sure not, b/c Im certain being granted a PD is based upon your normal income, if you have children, and if you're going to be losing your job in lieu of this charge. If you're able to make bail, I dont think is part of that equation.
So, in all of that, your answer is: I don't know...maybe.
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  #5  
Old 10-27-2009, 04:14 PM
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Originally Posted by Zigner View Post
So, in all of that, your answer is: I don't know...maybe.
I think I had in my answer: "Im pretty sure", not an I don't know.
I have a family member who made bond AND was still given a PD...
Anything else, Zinger?
  #6  
Old 10-27-2009, 04:20 PM
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Originally Posted by Nicoleasm View Post
I think I had in my answer: "Im pretty sure", not an I don't know.
I have a family member who made bond AND was still given a PD...
Anything else, Zinger?
Yes - please don't post your guesses.
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  #7  
Old 10-27-2009, 05:30 PM
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Originally Posted by Zigner View Post
Yes - please don't post your guesses.

Sorry. Deal with it And that's an affirmative.
  #8  
Old 10-27-2009, 05:35 PM
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Originally Posted by Nicoleasm View Post
Sorry.
That is the appropriate response.

OP - please be sure you understand that Nicoleasm has absolutely, positively, no clue about the situation you need advice on. She is making guesses instead of answering with a truthful statement that she does not know.
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Tell it like it is! When all else fails, make up a statistic!

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  #9  
Old 10-27-2009, 05:50 PM
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Originally Posted by susan.pimley View Post
What is the name of your state (only U.S. law)? Texas
If a person charged with a felony has bailed posted for them, can the judge deny them a public defender because of that posting?

Once again, to the OP:

I dont think so. Im pretty sure not, b/c Im certain being granted a PD is based upon your normal income, if you have children, and if you're going to be losing your job in lieu of this charge. If you're able to make bail, I dont think is part of that equation.

Good luck to you! Im pretty sure you're going to be fine with being able to get a PD if you meet all the requirements. Being able to make bail will have no factor in those requirements.
  #10  
Old 10-27-2009, 05:51 PM
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Originally Posted by Nicoleasm View Post
Once again, to the OP:

I dont think so. Im pretty sure not, b/c Im certain being granted a PD is based upon your normal income, if you have children, and if you're going to be losing your job in lieu of this charge. If you're able to make bail, I dont think is part of that equation.

Good luck to you! Im pretty sure you're going to be fine with being able to get a PD if you meet all the requirements. Being able to make bail will have no factor in those requirements.
And again, to the OP - Nicoleasm has no clue.
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Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #11  
Old 10-27-2009, 09:33 PM
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Quote:
=Nicoleasm;2396830]You know, there are no lawyers, paralegals, or any gov't officials patrolling these boards answering and giving true legal advice
.Patrolling? no. active members that post; most definately.

Quote:
We're all regular citizens trying to help out people based on our own experiences and background.
speak for yourself. While everybody is welcome to post, do not write off some of the members so quickly. There are attorneys that post here; court staff, police officers; very well educated people and general laypeople.


Quote:
So you sound very wacky, right now..especially with your "Disclaimer".
So, you have proved you do not have a clue, at least concerning some subject.


back top the topic at hand; depending on the circumstances, including the amount of bail, who paid it and myriad other bits of info, a court can see that as having the means to pay an attorney so a PD may be denied because bail was paid.

Quote:
. Im pretty sure not, b/c Im certain being granted a PD is based upon your normal income
,part of the courts decision is your income, yes

Quote:
if you have children
,maybe but I have never seen it.

Quote:
and if you're going to be losing your job in lieu of this charge
.this is almost certainly wrong. The courts really do not care of you lose your job or not. They will generally have the attitude that your job would not be in jeopardy if you did not do whatever it is you are required to be in court for.
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  #12  
Old 10-27-2009, 10:35 PM
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Originally Posted by justalayman View Post
.Patrolling? no. active members that post; most definately.
speak for yourself. While everybody is welcome to post, do not write off some of the members so quickly. There are attorneys that post here; court staff, police officers; very well educated people and general laypeople
I think generally, people that post here are regular citizens. After posting a question, one can hope that someone comes along whose a licensed attorney or the sort, to give a solid answer. Seriously, people are posting from all over the world..one from ENGLAND, ive seen, asking for advice on what to do...so the best bet is what you (and I), have stated, very well-educated people or people with experience in the area.


Quote:
Originally Posted by justalayman View Post
.So, you have proved you do not have a clue, at least concerning some subject.
Im sorry, but that was not proven


Quote:
Originally Posted by justalayman View Post
.back top the topic at hand; depending on the circumstances, including the amount of bail, who paid it and myriad other bits of info, a court can see that as having the means to pay an attorney so a PD may be denied because bail was paid
Well, my statement was from my own experience with a relative and a friend, who made bail but have retained a PD(from DUI to a serious felony charges)...I dont agree with you, but then again, I dont have to, and vice versa.


Quote:
Originally Posted by justalayman View Post
.this is almost certainly wrong. The courts really do not care of you lose your job or not. They will generally have the attitude that your job would not be in jeopardy if you did not do whatever it is you are required to be in court for.
Again, they do take into account that you will not have income, I went thru this entire process with my relative. BUT we can agree to disagree.

OP: Good luck to you again!
  #13  
Old 10-28-2009, 12:46 AM
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Originally Posted by Zigner View Post
That is the appropriate response.

OP - please be sure you understand that Nicoleasm has absolutely, positively, no clue about the situation you need advice on. She is making guesses instead of answering with a truthful statement that she does not know.
Well Zig, what do you expect from a PharmD student who "has a medical license in the highest degree"
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  #14  
Old 10-28-2009, 03:51 AM
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Quote:
Originally Posted by susan.pimley View Post
What is the name of your state (only U.S. law)? Texas
If a person charged with a felony has bailed posted for them, can the judge deny them a public defender because of that posting?
How much was bail? If bail was say 10k, the judge is going to see that differently than if bail is $100. 10k indicates actual financial resources to hire an Attorney, $100 doesn't.
  #15  
Old 10-28-2009, 03:52 AM
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Originally Posted by Zigner View Post
So, in all of that, your answer is: I don't know...maybe.
And in this your answer is?
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