Oath of office

[quincy]

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.

Owning a house does not (necessarily) preclude one from qualifying for a public defender.

 

[janamb816]

Simple as that it is not our system is not supposed to be abused in the way that it has been for years I don’t understand how u can just say simple as that let me give u a little history I was homeless for approx 15 years a friend of mine inherited a large sum of money and bought me this house and I struggle to keep it afloat but I manage but u r saying I’m supposed to take out a loan or sell the roof over my head to gain legal counsel I disagree like someone said my tax dollars are in play to pay for the prosecution so why can’t they be in play in my defense as well also the limit for a public defender is I believe u can’t make over 14,000 per year well my house isn’t even valued for as much as u can make in a year so I don’t understand how it disqualified me, and yes there have been several articles written about this county and their unconstitutional suggestions to represent yourself or just plead out. I don’t wish to represent myself I’m not qualified nor do I have enough knowledge of the legal terminology alone much less the tactics and ways of the court nor am I bonded so who do I sue when I screw myself just like the judge said if he proceeds with my case it will put me at a great disadvantage one which I am not willing to be in. My whole problem with all of this is representation is guaranteed to me per the constitution and I know it somehow seems to be in the background but it is still the law and rules of this land and ion no way have I nor will I waiver my right to an attorney and I don’t see how this judge can just say if I don’t have a lawyer he will use it as my waiver of my right to an attorney how he can just do that or how I can stop him, because it makes me want to just not go if I don’t come up with the money I did finally find a lawyer there who will take payments but they aren’t small 3 payments and I have half of the first one but it hasn’t been easy

 

[janamb816]

And I’m still waiting to hear back from the aclu

 

[janamb816]

I didn’t post bond either they sent me a summons when they charged me and I have been going to court since that was in October first court date was in November and it’s usually every 2 weeks and is almost 500 miles round trip

 

[Zigner]

... like someone said my tax dollars are in play to pay for the prosecution ...

Really? Just how much do you pay for income taxes?

 

[Taxing Matters]

My whole problem with all of this is representation is guaranteed to me per the constitution and I know it somehow seems to be in the background but it is still the law and rules of this land and ion no way have I nor will I waiver my right to an attorney and I don’t see how this judge can just say if I don’t have a lawyer he will use it as my waiver of my right to an attorney how he can just do that

The Constitution guarantees you a right to (1) hire an attorney to defend you in court (that is, the government cannot prohibit defendants from having a lawyer represent them and (2) if you are too poor to hire an attorney then the government must provide an attorney for you for free or for a reduced fee that you can afford.

The problem is determining what amounts to being too poor to qualify for a lawyer. Each state has its own rules for what determines whether you are poor enough to qualify for an appointed lawyer. Your state apparently has the bar set pretty low for who can pay for their own attorney. The judge has to follow the rules that are set for determining who is indigent unless those rules are unconstitutional. Hopefully you'll hear back from the ACLU on whether they see a challenge to the rules as being set too low or that they were misapplied in your case.

 

[Taxing Matters]

Really? Just how much do you pay for income taxes?

It isn't just income tax that pays the state's bills. Sales and excise taxes also fund the state treasury, and pretty much everyone who buys anything other than basic food and medicine ends up paying sales and excise taxes. So your implication that the OP doesn't pay tax that supports the prosecutor is almost certainly wrong. And to the extent you are implying that not paying tax means that the OP shouldn't be entitled to a lawyer, I find that suggestion completely contrary to the Constitutional right to counsel.

 

[janamb816]

You mid understood me I said my tax money when I buy stuff or pay taxes etc is helping fund the prosecution against me so why can’t it help fund my defense is what I was saying

 

[Zigner]

You mid understood me I said my tax money when I buy stuff or pay taxes etc is helping fund the prosecution against me so why can’t it help fund my defense is what I was saying

I don't think you understand how taxes are allocated.

 

[janamb816]

I don’t really

 

[quincy]

... I did finally find a lawyer there who will take payments but they aren’t small 3 payments and I have half of the first one but it hasn’t been easy

And I’m still waiting to hear back from the aclu

I am glad you found an attorney willing to offer a payment plan. I hope you hear back from the ACLU soon.

 

[Taxing Matters]

I don't think you understand how taxes are allocated.

And is that really all that important to the OP's issue? Regardless of his understanding (or yours) of how taxes are levied and spent his right to counsel is the same.

 

[Zigner]

And is that really all that important to the OP's issue? Regardless of his understanding (or yours) of how taxes are levied and spent his right to counsel is the same.

Because the OP believes he's paying for something and not getting it.

 

[LdiJ]

Because the OP believes he's paying for something and not getting it.

Again though, it doesn't change his right to counsel.

 

[quincy]

Here is a link with information on Missouri’s public defender system and the fees that are charged for their services:
https://publicdefender.mo.gov/clients-and-families/fees-for-services/

Even with a public defender, a defendant is expected to pay an attorney fee. On the other thread, Tiger D (a lawyer from Missouri) explained this.