Question

[Naanad]

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

I keep finding that if the case can result in "prison" it is not a misdemeanor but a felony. My problem is, I don't know. I have found references stating that the charges I am facing for "Tampering with Documents" could result in "two years in prison and fines ranging from $600 to $6,000" per one of the local newspapers.

I had contracted a lawyer and was attempting to pay him as quickly as possible but I was in a car accident in April. I sustained serious head injury and have had no income besides my sons child support since May 17th when my STD was terminated and am STILL WAITING on the appeal response.

On the state of Iowa's application for legal assistance it requires the income of ALL members of the house, not household. So I documented everything I knew. I received a response back that I was NOT eligible for a state appointed lawyer. The box for denial because of exceeding allowed income was NOT checked just simply that I was denied.

Due to this, I now have to attend my preliminary hearing, on the 23rd of the month of September with NO legal representation and a serious head injury that leaves me frequently unable to speak or speak coherently when ever I am under stress.

I am writing up everything I need to say so that if I am struck down, I can at least present my side of things to the judge.

I keep hearing from everyone I know they can't deny me representation for this type of situation, but how do I fight this if I DON'T HAVE LEGAL representation. It's not like there is a "supervisor" you can call for the courts and ask them to re-review the documents. This isn't a business.

I'm a single mother and going to prison is not something, I hope, that is possible. I did not intend to do ANYTHING wrong. But with my current condition, I don't think I could fight if I wanted to.

 

[Dillon]

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

I keep finding that if the case can result in "prison" it is not a misdemeanor but a felony. My problem is, I don't know. I have found references stating that the charges I am facing for "Tampering with Documents" could result in "two years in prison and fines ranging from $600 to $6,000" per one of the local newspapers.

I had contracted a lawyer and was attempting to pay him as quickly as possible but I was in a car accident in April. I sustained serious head injury and have had no income besides my sons child support since May 17th when my STD was terminated and am STILL WAITING on the appeal response.

On the state of Iowa's application for legal assistance it requires the income of ALL members of the house, not household. So I documented everything I knew. I received a response back that I was NOT eligible for a state appointed lawyer. The box for denial because of exceeding allowed income was NOT checked just simply that I was denied.

Due to this, I now have to attend my preliminary hearing, on the 23rd of the month of September with NO legal representation and a serious head injury that leaves me frequently unable to speak or speak coherently when ever I am under stress.

I am writing up everything I need to say so that if I am struck down, I can at least present my side of things to the judge.

I keep hearing from everyone I know they can't deny me representation for this type of situation, but how do I fight this if I DON'T HAVE LEGAL representation. It's not like there is a "supervisor" you can call for the courts and ask them to re-review the documents. This isn't a business.

I'm a single mother and going to prison is not something, I hope, that is possible. I did not intend to do ANYTHING wrong. But with my current condition, I don't think I could fight if I wanted to.

when ask in court if one understand the charges against them, i would say no. i am not a lawyer and i dont understand the law.

when asked anything i would keep saying, i cant make a legal determination about what i am being asked.

if i really wanted to have fun i would tell the judge, I appoint him/the judge my trustee over my legal affairs to handle them in my best interest. i dont want anyone else but him at this time.

its my understand the judge cant hear my case then, because i have appointed him my legal guardian.

 

[HighwayMan]

On the state of Iowa's application for legal assistance it requires the income of ALL members of the house, not household. So I documented everything I knew. I received a response back that I was NOT eligible for a state appointed lawyer. The box for denial because of exceeding allowed income was NOT checked just simply that I was denied.

Why don't you contact the agency you submitted the application to and find out why you were denied?

 

[HighwayMan]

if i really wanted to have fun...

She's not looking to have fun, she's looking for legal representation. You're "advice" seems to be most unhelpful.

 

[HighwayMan]

I keep finding that if the case can result in "prison" it is not a misdemeanor but a felony. My problem is, I don't know. I have found references stating that the charges I am facing for "Tampering with Documents" could result in "two years in prison and fines ranging from $600 to $6,000" per one of the local newspapers.

Why are you depending on newspapers to find out what you're charged with? Have you been arraigned before a judge yet?

If you provide the actual statute(s) you are charged with it would help.

Chances are if the penalty is two years the offense is a felony.

 

[Dillon]

She's not looking to have fun, she's looking for legal representation. You're "advice" seems to be most unhelpful.

she needs help, who better than the judge, who's looking out for her best interest?

she doesnt really know the law or court procedures, does she?

she is not a lawyer and cant make legal determinations about her situation, can she?

what do you want, to throw her to the wolves?

 

[HighwayMan]

she needs help, who better than the judge, who's looking out for her best interest?

The judge is not looking out for anyone's interest. The judge is an impartial arbiter.

what do you want, to throw her to the wolves?

No, just to keep her away from you.

 

[Dillon]

The judge is not looking out for anyone's interest. The judge is an impartial arbiter.



No, just to keep her away from you.

now thats funny, LOL LOL LOL

who pays the judges salary?

who pays the district attorney's salary?

who pays the court appointed attorney's salary


the STATE, that sounds really impartial to me

no conflict of interest there

 

[CdwJava]

The defendant can always pay for his own attorney. Problem solved.

 

[Dillon]

She's not looking to have fun, she's looking for legal representation. You're "advice" seems to be most unhelpful.

Guardian ad litem:

A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own legal interests due to infancy, legal incapacity, or disability.Courts generally have the power to appoint a guardian for an individual in need of special protection. A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian.

A person may also be appointed as a special guardian, having limited powers over the interests of the ward. A special guardian may, for example, be given the legal right to determine the disposition of the ward's property without being given any authority over the ward's person. A guardian appointed to represent the interests of a person with respect to a single action in litigation is a guardian ad litem.

its my understanding that should help, you think? and its free help !

 

[Zigner]

Dillon -

This is just an idiotic thing to say and not fair to the OP at all. Why would you even suggest such an asinine thing?

Do you think the Judge would actually ACCEPT such an appointment in the first place? YEESH!!!

 

[Dillon]

The defendant can always pay for his own attorney. Problem solved.

OK, but if it were me i would follow these quide-lines about Retaining one.


A "retainer" is a sum of money paid by a client to secure an attorney's availability to work for a client. The fee paid is considered earned at the time of payment because the attorney is entitled to the money regardless of whether he actually performs any services for the client, and the funds shall not be placed into the attorneys trust account. Baranowski v. State Bar, 154 Cal.Rptr. 752, 593 P.2d 613 (1979); and the Washington State Bar News, Committee Reports, Formal Opinion No. 173.

The California Court in Baranowski v. State Bar, supra, clearly stated that: "A retainer is a sum of money paid by a client to secure an attorneys availability to work for a client."

A RETAINER only pays for the AVAILABILITY of the attorney.

Be sure to demand that any attorney you hire put 100% of all the MONEY that you give them be placed into their TRUST ACCOUNT listed as a FEE

If you want any ATTORNEY or LAW FIRM to do any work for you, make sure that the MONEY that they give you is declared to be "A FEE" and demand that they put all the money you give them be placed into their "TRUST ACCOUNT." and get a receipt and proof that all the MONEY was placed into their TRUST ACCOUNT

The ATTORNEYS or LAW FIRMS got your first RETAINER as a GIFT or DONATION, but you have NOT hired them to do any work on your case yet! Now if you want an ATTORNEY or LAW FIRM to do some WORK on your case, you will have to PAY A FEE and sign a contract stating what services he will provide for you and state how much more he or she will charge you to REPRESENT you at trial and then AFTER you have PAID his or her FEE, then they will file a NOTICE OF APPEARANCE in your case.

Is it any wonder as to why you are STRONGLY encouraged to retain the services of an Attorney?

 

[Dillon]

The defendant can always pay for his own attorney. Problem solved.

that helps for private counsel but what about the conflict of inerest with the

district attorney's salary and the judges salary being payed by the STATE?


there is no way a judge is going to be biased

maybe thats why the founding fathers wanted trial by jury, and not trial by judge.

 

[Naanad]

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

I keep finding that if the case can result in "prison" it is not a misdemeanor but a felony. My problem is, I don't know. I have found references stating that the charges I am facing for "Tampering with Documents" could result in "two years in prison and fines ranging from $600 to $6,000" per one of the local newspapers.

I had contracted a lawyer and was attempting to pay him as quickly as possible but I was in a car accident in April. I sustained serious head injury and have had no income besides my sons child support since May 17th when my STD was terminated and am STILL WAITING on the appeal response.

On the state of Iowa's application for legal assistance it requires the income of ALL members of the house, not household. So I documented everything I knew. I received a response back that I was NOT eligible for a state appointed lawyer. The box for denial because of exceeding allowed income was NOT checked just simply that I was denied.

Due to this, I now have to attend my preliminary hearing, on the 23rd of the month of September with NO legal representation and a serious head injury that leaves me frequently unable to speak or speak coherently when ever I am under stress.

I am writing up everything I need to say so that if I am struck down, I can at least present my side of things to the judge.

I keep hearing from everyone I know they can't deny me representation for this type of situation, but how do I fight this if I DON'T HAVE LEGAL representation. It's not like there is a "supervisor" you can call for the courts and ask them to re-review the documents. This isn't a business.

I'm a single mother and going to prison is not something, I hope, that is possible. I did not intend to do ANYTHING wrong. But with my current condition, I don't think I could fight if I wanted to.

For those who missed it: I am being charged with "Tampering with Documents." They don't tell you what you are facing with the result of the charges in your formal paperwork. I only know the results of the charges have been declared as potentially "two years in prison and fines ranging from $600 to $6,000" according to the papers. I never paid attention in government class on how to tell if you committed a felony or a misdemeanor or what ever the degrees are because I NEVER intended to DO ANYTHING of the sort.

I don't know what the statutes for "Tampering with Documents" are or how to find them. Hell I didn't know how to navigate LEGAL sites before my car accident in April and I SURE can't figure them out now.

I have NO INCOME, hence why I lost my legal advisor. I was told to apply at the court house directly to request for a state appointed advisor. So there is no one to talk to there. And the papers I got do not clarify why I was denied. Just a carbon copy signed and check marked stating I was denied. (Please also understand my ability to READ has been impaired as well, so this is NOT helping my understanding of the paperwork I recieved either.)

I took a major blow to the head and have already relapsed to the point of being unable to speak 3 times in the last week because of this mess. I was advised to come here to seek suggestions because I have NO OTHER resource. I am STILL fighting with my short term disability people over my medical benefits being terminated too early. (I was supposed to get notification by the 6th of September... and haven't heard anything.)

I am just asking if anyone knows what I can do. Any suggestions help. I'm broke, have barely enough money for food, and am lucky I haven't lost my home. And NOTHING can be done about any of it until I am "healthy" again to give the car insurance company the BILL of what I should of had and didn't.

I'm screwed here guys. This is a stupid mess and I'm just asking for help/suggestions. Even bad ones are better than what my mind can provide me right now because I REALLY CAN'T THINK. (Doctors orders were to avoid unnecessary stress and really don't have an option to just "avoid" this.)

I should also clarify, the judge and attorney's for the trial have been replaced by state representatives because of the potential conflicts already at the county level. These were supposed to occur in July but all of the families facing the charges have had their trials postponed so many times they moved EVERYONE's preliminary trials back to September 23rd. (I think that is what they call it.) so conflict of interest has already become a very large problem in this case.

 

[Dillon]

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

Courts generally have the power to appoint a guardian ad litem for an individual in need of special protection like you, at no charge.

Usually, when a person is incapable of caring for his or her own interests due to infancy, incapacity, or disability/injury.

you said, " I took a major blow to the head and have already relapsed to the point of being unable to speak 3 times in the last week because of this mess."

i would get my doctors help with the process, get a letter in support of the mental and physical issues.

__________________________________________________


if it gets to court without getting legal help, then i would say i dont understand the charges against me, i would say i am not a lawyer and i dont understand the law.

when asked anything i would keep saying, i cant make a legal determination about what i am being asked, because of my mental and physical issues.

if me, i would tell the judge, I turn over my legal affairs to you to handle them in my best interest, because " I took a major blow to the head and have already relapsed to the point of being unable to speak 3 times in the last week because of this mess." and I REALLY CAN'T THINK. (Doctors orders were to avoid unnecessary stress.)

its my understand the judge cant hear the case then, because i have appointed him my legal guardian ad litem because i dont understand what is happening and what to do.

i will be praying for you, too. ask Jesus Christ to come into your life and he will help!