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Am I eligible for a public defender?

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StupidCat

Junior Member
Michigan

I have a court case where I'm the defendant in an assault/assault and battery situation coming up next week. I'm not very worried as I know I'm not guilty, this would be a first time offense, the complaint was filed 2 years ago, and the person who filed the report has long since dropped the charges, so it's the State v. Myself. Despite that, I'd still like an attorney because I'm not very familiar with the court system and would like representation. I was told that I could request a state appointed attorney during my arraignment, but I may or may not be eligible. How do I tell if I'll be eligible for state appointment representation before the fact, so I don't show up, get denied, and then have no one to help defend me? Is there a list of guidelines for my state, because I'm having trouble finding it. I read somewhere that for a household of 1, I have to have less than $900 in gross income, but I can't find other places to back that number up. Is this true? My gross is about $1700ish with a net of $1400/mo.

If denied, I read something about partial indigency and how that might be applicable, but can't find any of the requirements for that either.

I have zero in savings $2 in my bank account, and I'm scrambling for some sort of defense representation. Any recommendations?

bonus: I also had a warrant for my arrest regarding this, however, I was told 2 years ago that the charges were dropped and never received any court documents or summons for court, so I was honestly unaware there were any more charges on myself. Since I never received any mail regarding this, is there a way to follow up and ask for proof of delivery or something along those lines?
 


PayrollHRGuy

Senior Member
Just so you know. I this happened yesterday and the "victim" was screaming for your head it would still be State v. You.
 

TigerD

Senior Member
Michigan

I have a court case where I'm the defendant in an assault/assault and battery situation coming up next week. I'm not very worried as I know I'm not guilty, this would be a first time offense, the complaint was filed 2 years ago, and the person who filed the report has long since dropped the charges, so it's the State v. Myself. Despite that, I'd still like an attorney because I'm not very familiar with the court system and would like representation. I was told that I could request a state appointed attorney during my arraignment, but I may or may not be eligible. How do I tell if I'll be eligible for state appointment representation before the fact, so I don't show up, get denied, and then have no one to help defend me? Is there a list of guidelines for my state, because I'm having trouble finding it. I read somewhere that for a household of 1, I have to have less than $900 in gross income, but I can't find other places to back that number up. Is this true? My gross is about $1700ish with a net of $1400/mo.

If denied, I read something about partial indigency and how that might be applicable, but can't find any of the requirements for that either.

I have zero in savings $2 in my bank account, and I'm scrambling for some sort of defense representation. Any recommendations?

bonus: I also had a warrant for my arrest regarding this, however, I was told 2 years ago that the charges were dropped and never received any court documents or summons for court, so I was honestly unaware there were any more charges on myself. Since I never received any mail regarding this, is there a way to follow up and ask for proof of delivery or something along those lines?
If you want to know if you will qualify for a public defender, you should contact the public defender's office.
As for your approach to the case, if you do not change your attitude, you are likely to have a result that makes you unhappy.
If you have a warrant for your arrest, you should plan on bringing enough money to post bond or hire a bondsman.
Don't discuss the details of your case with anyone and DO NOT talk to the complaining witness about anything.

Good luck.

TD
 

quincy

Senior Member
Michigan

I have a court case where I'm the defendant in an assault/assault and battery situation coming up next week. I'm not very worried as I know I'm not guilty, this would be a first time offense, the complaint was filed 2 years ago, and the person who filed the report has long since dropped the charges, so it's the State v. Myself. Despite that, I'd still like an attorney because I'm not very familiar with the court system and would like representation. I was told that I could request a state appointed attorney during my arraignment, but I may or may not be eligible. How do I tell if I'll be eligible for state appointment representation before the fact, so I don't show up, get denied, and then have no one to help defend me? Is there a list of guidelines for my state, because I'm having trouble finding it. I read somewhere that for a household of 1, I have to have less than $900 in gross income, but I can't find other places to back that number up. Is this true? My gross is about $1700ish with a net of $1400/mo.

If denied, I read something about partial indigency and how that might be applicable, but can't find any of the requirements for that either.

I have zero in savings $2 in my bank account, and I'm scrambling for some sort of defense representation. Any recommendations?

bonus: I also had a warrant for my arrest regarding this, however, I was told 2 years ago that the charges were dropped and never received any court documents or summons for court, so I was honestly unaware there were any more charges on myself. Since I never received any mail regarding this, is there a way to follow up and ask for proof of delivery or something along those lines?
You won't know if you are eligible for a public defender until you fill out the application claiming indigency and the court makes its determination.

What will be considered is your employment and employment income and employment history, funds you have available from any source, property ownership, outstanding obligations (like child support), the number and ages of any dependants and your level of education.

These different factors can be weighed differently by different courts, and other factors may be considered.

Here is a link to the law on indigent defense: http://legislature.mi.gov/doc.aspx?mcl-780-991

It is important to know that public defenders in Michigan are not (necessarily) free. Counties in Michigan can require repayment of costs, placing you on a state-regulated payment plan until costs of your defense are repaid.

Good luck.
 

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