Can I Change My Mind?

[memah56]

What is the name of your state? IDAHO

Yesterday I went to court on Contempt charges. It was the arraignment. I entered my "not guilty" plea. The judge asked if I wanted an attorney and that if I couldn't afford one that the court would appoint one for me. I said no. I now have had second thoughts and would like to have the court appoint an attorney. Is it to late? If it isn't to late how do I get one? Can I call the Judge's secretary and tell her? Please help.....I know I was stupid for saying no but I just feel that it is a cut and dried case. I was supposed to give my ex 1/2 of the net proceeds from the sale of my house up to $10,000. But when I went to court one other time for contempt (I was late on a house payment) the judge that heard that case said that since my exc had filed bankrupcy and the debt had been discharged that he (ex) had given up any and all interest in the property so of course I used that to my advandtage and didn't give him any of the proceeds. Now I have you all here at this forum telling me that the judge was wrong....so......I think I need an attorney**************...once again CAN I CHANGE MY MIND?

Thank you in advance for your help.

 

[garrula lingua]

It depends on what the next appearance is: jury trial, trial readiness or just pre-trial.

Most Judges will bend backwards to allow you to have an atty; only if the case is so close to trial, the court's calendar is crowded and the Judge feels s/he advised you, ad nausium, of your constitutional right to an atty, would the Judge force you to represent yourself.

One important fact: do you qualify for the Public Defender ? You can try calling the PD's office and ask them if, given your income and assets, would you qualify ?

Nothing is stopping you from hiring an atty and appearing at your next court date with the atty. Your issue is: will the court find I am qualified for the PD and will he appoint the PD on my next appearance date ?

The problem is you may be causing a continuance of the trial, which the Judge may not allow. It's up to the Judge; 999 out of 1000 would allow you to have an atty, even if it causes a continuance, when everyone else is prepared to go forward.

PS if you are in a family law court with a contempt charge, the Judge will most likely allow a continuance for the PD or other atty - they are very careful with jail time .