filing extensions and obtaining court appointed attorney - NH

[criticalthinker]

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

When appearing in Court for the first time as a result of a summons, how does one file for an extension for additional time to prepare? I have been served in the interest of my son as a result of an incident involving him at school. Is it simply a motion for extension with reasons? Do I file it in my name, my ex's, or our son's?

His State and his mom's is NH, mine is MA.

Also, at what point -- before, during or after a court appearance -- does one request a court appointed attorney? What is the proper way to make such a request? And what sort of information/proof must be provided? His mom and I cannot afford an attorney to represent him.

 

[FlyingRon]

Hold the phone here.

What sort of court action are we talking about here? How old is your son? Public defenders are typically only available to indigents in criminal trials who are facing jail time.

 

[Ohiogal]

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

When appearing in Court for the first time as a result of a summons, how does one file for an extension for additional time to prepare? I have been served in the interest of my son as a result of an incident involving him at school. Is it simply a motion for extension with reasons? Do I file it in my name, my ex's, or our son's?

His State and his mom's is NH, mine is MA.

Also, at what point -- before, during or after a court appearance -- does one request a court appointed attorney? What is the proper way to make such a request? And what sort of information/proof must be provided? His mom and I cannot afford an attorney to represent him.

You have no right to file anything on behalf of your son. Unless you are an attorney.

 

[criticalthinker]

Hold the phone here.

What sort of court action are we talking about here? How old is your son? Public defenders are typically only available to indigents in criminal trials who are facing jail time.

Hi FlyingRon,

It's a delinquency petition. My tween son is alleged to have made comments in school that got him into trouble. I called the school to speak with its police officer stationed in-house. Apparently both he and school admins spoke to my son without a parent present. I'm not even sure if they're permitted to do that these days. Anyway, the officer brought me up to speed on the allegations (i.e. "with a purpose to terrorize another") apparently based on the comments of two fellow students with whom my son had words individually with no other witnesses present. Next thing I know I'm being served to appear. The details of the alleged offense in the document are more serious in nature than what the officer originally described to me.

Frankly, I do not know is such an offense would result in any jail/detention time. The officer mentioned "diversion", however the petition specifically states that the offense "may preclude diversion". I am concerned that he will need an attorney to handle this properly, however we cannot afford to provide one for him.

The papers were served at the end of last week. The appearance is tomorrow morning.

So I'd like to understand 1) how and when to request a court appointed attorney for him, and 2) how and when to request an extension to give us the opportunity to speak with the attorney before returning to court.

Thanks in advance.

 

[criticalthinker]

You have no right to file anything on behalf of your son. Unless you are an attorney.

A minor requires an attorney to file motions? I did not know that, thank you. I'd have otherwise thought a minor's parents could file such things on his behalf.

 

[justalayman]

A minor requires an attorney to file motions? I did not know that, thank you. I'd have otherwise thought a minor's parents could file such things on his behalf.

well, they can if they are attorney's. Filing motions for your child would be acting in the capacity of an attorney. Your child deserves no less protection than an adult and you surely realize you couldn't file motions for your wife, friend, or anybody else without a license to practice law, right? Why would being a parent automatically qualify you as representing them in a court?

 

[Zigner]

well, they can if they are attorney's. Filing motions for your child would be acting in the capacity of an attorney. Your child deserves no less protection than an adult and you surely realize you couldn't file motions for your wife, friend, or anybody else without a license to practice law, right? Why would being a parent automatically qualify you as representing them in a court?

Actually, I can understand why one would think this. Yes, it's a misconception, but an understandable one, IMO.

 

[justalayman]

Actually, I can understand why one would think this. Yes, it's a misconception, but an understandable one, IMO.

Oh, I do to. It's the parent in all of us wanting to protect our children.

 

[criticalthinker]

well, they can if they are attorney's. Filing motions for your child would be acting in the capacity of an attorney. Your child deserves no less protection than an adult and you surely realize you couldn't file motions for your wife, friend, or anybody else without a license to practice law, right? Why would being a parent automatically qualify you as representing them in a court?

I do understand that. Though it's quite easy to assume otherwise given the long list of parental responsibilities and accountability legal and otherwise. For the purpose of this post, I simply need to understand the sequence of events.

- Appearance in court.
- Request for court appointed attorney
- Request for an extension

Who must make the request for the attorney? Us? Our son? At what point is that request made? As the first order of business during the hearing?

How long before we know if he is eligible to be assigned an attorney? What sort of information, if any, is required from us to determine that?

Does our son have to respond to any questions at all during the appearance tomorrow until he has proper representation?

I am going to assume there's no taxi-stand like queue of defenders waiting to be assigned in the courtroom. How then, without an attorney, would my son of less than 13 years old obtain an extension from the Court until he has an opportunity to speak with an attorney? Is an extension automatically granted by the judge as a matter of process to allow a defender time to be assigned and to review to review the case?

I apologize for all of the questions. I simply want to make sure we are aware of what we can and cannot do as his parents, and the appropriate time to make requests.

Thanks again.

 

[justalayman]

a lot of what happens is going to be very court specific. What happens in the courts around me may be very different than what happens in your court.


to start, teach your child these simple words:



not guilty


and when asked if they intend on obtaining a private attorney or would be applying for a court appointed attorney:

I want a court appointed attorney.



that is about all your child should be saying and only that if asked.



Now, you may be allowed to stand with your child, maybe not. If you are, I suspect the judge will involve you in the process but just in case you are excluded, see above.

whoops just caught his age:

I suspect you will be intimately involved in the action. but be cautious, do not say much more than what I said your child should limit their statements to. You want an attorney and would like to apply for a court appointed attorney. That's about it. Don't speak of the situation without a lawyer to represent your child.

How long before we know if he is eligible to be assigned an attorney? What sort of information, if any, is required from us to determine that?

different courts; different processes. I have seen a judge ask if the defendant wanted a PD. When answered in the affirmative, the judge asked a few questions about resources after which the judge approved or denied a PD.

I have also seen courts where when answering in the affirmative to the question of wanting a PD, the defendant was directed to speak to a court officer who would set up the person in the application process. It was more entailed than the simple method I spoke of first.

 

[criticalthinker]

Thank you justalayman. That was very, very helpful. I appreciate it.

Is any sort of extension granted automatically given the request for a PD?

 

[Silverplum]

http://www.nhlegalaid.org/about/directory/judicial-branch-self-help-center

 

[criticalthinker]

http://www.nhlegalaid.org/about/directory/judicial-branch-self-help-center

I appreciate the link Silverplum, thank you. However I'm already well aware of that resource. I've spent hours on the phone the past two days on hold waiting in line for NH Legal Aid..until the system simply hung up on me both times. I assume they're probably inundated with calls/requests and the judicial self-help site itself is too generic to be useful in the context of my questions....which is why I am here now.

Thanks to the contributors most of my questions are now answered.

 

[justalayman]

Is any sort of extension granted automatically given the request for a PD?

there pretty much has to be. Whether you are given the OK for a PD or a denial, your child still has a right of representation and nothing should happen until given an opportunity to obtain legal counsel. So, even if denied, they need to allow you time to search out representation.

given his age, I suspect there are going to be a few more resources available and a bit more hand holding for you (to a limited extent), to respect his rights.

 

[Ladyback1]

I do understand that. Though it's quite easy to assume otherwise given the long list of parental responsibilities and accountability legal and otherwise. For the purpose of this post, I simply need to understand the sequence of events.

- Appearance in court.
- Request for court appointed attorney
- Request for an extension

Who must make the request for the attorney? Us? Our son? At what point is that request made? As the first order of business during the hearing?

How long before we know if he is eligible to be assigned an attorney? What sort of information, if any, is required from us to determine that?

Does our son have to respond to any questions at all during the appearance tomorrow until he has proper representation?

I am going to assume there's no taxi-stand like queue of defenders waiting to be assigned in the courtroom. How then, without an attorney, would my son of less than 13 years old obtain an extension from the Court until he has an opportunity to speak with an attorney? Is an extension automatically granted by the judge as a matter of process to allow a defender time to be assigned and to review to review the case?

I apologize for all of the questions. I simply want to make sure we are aware of what we can and cannot do as his parents, and the appropriate time to make requests.

Thanks again.

OK...generally speaking
If your child pleads "not guilty", then the judge will usually set a date in the future for more court proceedings.
You should be able to obtain a PD prior to the future date (all depends on just how backed up the courts are).

ALSO--don't be alarmed, surprised or offended if the PD will NOT discuss all aspects of the case with you. Yes, I know he's a minor, and yes, I realize that you are his parent. But the PD's obligation is to your child (not you). And the PD will not want something the child has said to you, in front of you, in your earshot to be used against the child (and yes, you could be called as a witness and your testimony could actually be against your child.