Oath of office

[janamb816]

What is the name of your state? Missouri
Can a judge tell me I need to take out a loan or sell my house to hire an attorney? Isn’t that unethical or giving legal advice from the bench?

 

[LdiJ]

What is the name of your state? Missouri
Can a judge tell me I need to take out a loan or sell my house to hire an attorney? Isn’t that unethical or giving legal advice from the bench?

A judge certainly cannot force you to do so. A judge doesn't have the authority to do that. However, if the judge actually said that to you I think it means that the judge REALLY believes that you need that attorney.

 

[quincy]

What is the name of your state? Missouri
Can a judge tell me I need to take out a loan or sell my house to hire an attorney? Isn’t that unethical or giving legal advice from the bench?

Here is a link to your other thread:
https://forum.freeadvice.com/threads/arraigned-without-consent.657958/

At the time you wrote it, your application for a public defender was denied because your income exceeded the guidelines. You were hoping your application would be reconsidered because you lost your job.

I assume that your request for a public defender was once again denied.

If the judge believes you need an attorney, telling you how you can go about hiring one is not unethical. You can sell personal assets or ask for loans from family or friends.

 

[janamb816]

I don’t see how they can deny me a public defender because I own my home my home is assessed at 11,000.00 and that’s what their reasoning is for denial

 

[janamb816]

I believe I need an attorney but I don’t have any family and my credit is not great I don’t think I can get a loan

 

[quincy]

I believe I need an attorney but I don’t have any family and my credit is not great I don’t think I can get a loan

You could check to see if you can get a personal loan based on the equity in your home. Or you can call attorneys in your area to see if any attorney offers a payment plan to fit your budget.

 

[janamb816]

Ok so I have been unable to get a loan due to my credit score and my lack of income and when I went to court the last time the judge told me if I didn’t have an attorney next time he was going to use my lack of as my waiver of my right to an attorney and proceed with my case can he do that? It’s my constitutional right to be represented

 

[Just Blue]

Ok so I have been unable to get a loan due to my credit score and my lack of income and when I went to court the last time the judge told me if I didn’t have an attorney next time he was going to use my lack of as my waiver of my right to an attorney and proceed with my case can he do that? It’s my constitutional right to be represented

What kind of case is this?

 

[janamb816]

A possession case I had another person in my car who has stated it was all hers also I was taken in and strip searched and they found nothing on me but I guess since it was my car they charged me also

 

[janamb816]

And I have priors granted it’s been since 2001 was my last conviction but I do have a record

 

[nichjere19]

Better to ask some advice from a Atty. locally. If you have a friend would great.

 

[janamb816]

I don’t have a friend and I live in Kansas City this charge is out of Phelps co in Rolla mo a small town I’m scared they r gonna hang me cuz of my record

 

[Mass_Shyster]

Ok so I have been unable to get a loan due to my credit score and my lack of income and when I went to court the last time the judge told me if I didn’t have an attorney next time he was going to use my lack of as my waiver of my right to an attorney and proceed with my case can he do that? It’s my constitutional right to be represented

You have a constitutional right to representation. That doesn't mean the government has to pay for your lawyer.
You have a constitutional right to keep and bear arms. That doesn't mean the government has to buy guns for your.
You have a constitutional right to free speech. That doesn't mean the government has to pay for your internet or cell service.

Personally, I believe all defendants should have appointed counsel. The government is using YOUR tax money to prosecute YOU. Your taxes paid for the police officer that arrested you, pays for the attorney that is prosecuting you, pays for the judge that is judging you, pays for the employees in the court and jail that are holding you against your will. The whole thing is pretty one-sided. The government has virtually unlimited resources to prosecute you, and you have to bankrupt yourself to challenge their case. Unfortunately, I'm not King of the USA, so my opinion on the matter doesn't help you.

Life is not fair. You'll just have to deal with it.

 

[quincy]

In your other thread, I suggested you contact the ACLU. You still have that option. There are problems with the public defender system in Missouri, and your particular judge is not making it better for defendants and their right to counsel by telling them to just plead guilty.

Are you a veteran or a senior citizen?

Here are links to additional resources in your area. I suggest you call them all to see if anyone can provide you with free or low cost legal assistance. Perhaps you can call The Samaritan Center Legal Care organization first.

http://missourilawyershelp.org/legal-topics/legal-resources-directory/phelps-county/#

http://missourilawyershelp.org/find-lawyer/discounted-pro-bono-services/

You heard in your other thread from a member of this forum who practices law in Missouri, who illustrated the challenges an indigent defendant in a criminal case can face when trying to locate an attorney. You are, unfortunately, experiencing this first hand.

Good luck.

 

[NeilTheCop]

Ok so I have been unable to get a loan due to my credit score and my lack of income and when I went to court the last time the judge told me if I didn’t have an attorney next time he was going to use my lack of as my waiver of my right to an attorney and proceed with my case can he do that? It’s my constitutional right to be represented

You have the constitutional right to legal counsel in court, and if you cannot afford counsel one will be appointed by the court.
As you own your own house you can afford counsel, simple as that.