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  #1  
Old 10-08-2009, 02:23 PM
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NY public defender guidelines?


What is the name of your state (only U.S. law)? New york

What are the guidelines for a public defender for the state of NY?
I was arrested in Putnam County for Disorderly Conduct and released with an appearance ticket, the Putnam County Legal Aid Society said they would need income of both parents, income tax, savings/checking accounts, etc. I am 19 and my mom does not fall under the income level, nor do I have income, would I still be eligible? I reside in Dutchess County.
I don't want to plead guilty because it's such an absurd charge and don't want it on my record or the fines.What is the name of your state (only U.S. law)?
  #2  
Old 10-08-2009, 04:26 PM
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Quote:
Originally Posted by omega0429 View Post
What is the name of your state (only U.S. law)? New york

What are the guidelines for a public defender for the state of NY?
I was arrested in Putnam County for Disorderly Conduct and released with an appearance ticket, the Putnam County Legal Aid Society said they would need income of both parents, income tax, savings/checking accounts, etc. I am 19 and my mom does not fall under the income level, nor do I have income, would I still be eligible? I reside in Dutchess County.
I don't want to plead guilty because it's such an absurd charge and don't want it on my record or the fines.What is the name of your state (only U.S. law)?
Do you still live at home? Because if mom has the money to pay, then the taxpayers of NY won't be providing you with a lawyer.
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Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #3  
Old 10-08-2009, 05:46 PM
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When you appear for your first court date , you can request an appointment of a PD . If the Judge thinks you qualify the court will appoint one or have you screened to see if you qualify ,and most likely set another court date .

If you do not qualify the court will give you an opportunity to obtain your own council .

You are most likely looking at a yr. of unconditional discharge , meaning no conditions set except no to get into anymore trouble with the law . If you do you'll violate the UD .
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  #4  
Old 10-08-2009, 06:01 PM
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Originally Posted by BL View Post
When you appear for your first court date , you can request an appointment of a PD . If the Judge thinks you qualify the court will appoint one or have you screened to see if you qualify ,and most likely set another court date .

If you do not qualify the court will give you an opportunity to obtain your own council .

You are most likely looking at a yr. of unconditional discharge , meaning no conditions set except no to get into anymore trouble with the law . If you do you'll violate the UD .

So do I ask for one before or after he asks what do I plead?
What is 'my own council'?

And would you happen to know when they screen me, what would make me unqualified for one?
  #5  
Old 10-08-2009, 06:06 PM
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Originally Posted by omega0429 View Post
So do I ask for one before or after he asks what do I plead?
What is 'my own council'?

And would you happen to know when they screen me, what would make me unqualified for one?
Before .

Council = Attorney or PD

I've noticed you have multiple post , please do NOT do that on the same subject . Keep it together in one place . Delete the others .
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  #6  
Old 10-08-2009, 06:11 PM
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Originally Posted by BL View Post
Before .

Council = Attorney or PD

ok thanks
so you don't know the guidelines then?
  #7  
Old 10-08-2009, 06:20 PM
BL BL is offline
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Originally Posted by omega0429 View Post
ok thanks
so you don't know the guidelines then?
I don't ?

Mr. so n so you have been charged with such n such .

Do you have an Attorney ?

No your honor , I can't afford one . I'd like to be appointed one .

The court has an obligation to offer you council , being a PD if you qualify , or an opportunity for you to retain one of your own.

What are the guidelines for a PD ?

To represent you and get you the best deal he/she can under the law.

PD's work in the court most every day or frequently .They know the Judges and what the Judge rules on with particular charges and what the Judge will not allow .

So, even if you do not like what a PD tells or advises you ,that's most likely the best you'll get .

If you think you can get a better deal by hiring one , you are welcome to do just that.
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  #8  
Old 10-08-2009, 06:22 PM
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no, i mean like what would make me qualified for one?
  #9  
Old 10-08-2009, 06:27 PM
BL BL is offline
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Originally Posted by omega0429 View Post
no, i mean like what would make me qualified for one?
You were asked if you are living at home and were advised if you do that your parents income could effect your eligibility .

In a nutshell you have to have earnings/assets ,etc. under the poverty level .
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  #10  
Old 10-08-2009, 06:34 PM
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Originally Posted by BL View Post
You were asked if you are living at home and were advised if you do that your parents income could effect your eligibility .

In a nutshell you have to have earnings/assets ,etc. under the poverty level .
yes i do, and my mom can't afford it but she makes more then the federal poverty guidelines, so then does that make me not eligible?
  #11  
Old 10-08-2009, 06:37 PM
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Quote:
Originally Posted by omega0429 View Post
yes i do, and my mom can't afford it but she makes more then the federal poverty guidelines, so then does that make me not eligible?
that is correct.
  #12  
Old 10-08-2009, 06:38 PM
BL BL is offline
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Originally Posted by omega0429 View Post
yes i do, and my mom can't afford it but she makes more then the federal poverty guidelines, so then does that make me not eligible?
It will be entirely up to the court .

The Judge may not even ask if you live at home .

The Judge might only ask if you are working and what you earn .

It all depends on the Judge ( that day )
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