NY public defender guidelines?

[omega0429]

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)?

 

[You Are Guilty]

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.

 

[BL]

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 .

 

[omega0429]

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?

 

[BL]

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 .

 

[omega0429]

Before .

Council = Attorney or PD

ok thanks
so you don't know the guidelines then?

 

[BL]

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.

 

[omega0429]

no, i mean like what would make me qualified for one?

 

[BL]

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 .

 

[omega0429]

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?

 

[Isis1]

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.

 

[BL]

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 )

 

[soulchefs]

just got this advice from a friend who is attorney

Regardless of whether or not the court takes into account property, resources and dependents, it is only the financial situation of the suspect that is taken into consideration. For example, if a suspect has wealthy parents but is indigent himself, the court will not deny the appointment of a public defender based on the resources of the parents. The only instance in which family is taken into consideration is in the event that the spouse is well-off.

 

[Silverplum]

Regardless of whether or not the court takes into account property, resources and dependents, it is only the financial situation of the suspect that is taken into consideration. For example, if a suspect has wealthy parents but is indigent himself, the court will not deny the appointment of a public defender based on the resources of the parents. The only instance in which family is taken into consideration is in the event that the spouse is well-off.

Interesting, but with no verifiable source.

This thread is from 2009, and was answered properly at that time by knowledgeable senior members.

 

[jasonmaria]

Thanks for sharing this post**************....