Does bonded out of jail automatically deny you the right to a public defender?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does bonded out of jail automatically deny you the right to a public defender?

I recently bonded my girlfriend out of jail on a $50,000 bond. She lives with her mother and is unable to afford a lawyer. She requested an indigentcy hearing at court at which time the judge denied her a public defender because she bonded out of jail. But the fact remains that it was not her money. Is this right or fair?

Asked on August 6, 2011 Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I could not agree with you more.  Her ability to pay for an attorney is the only thing that the judge   should consider when deciding to awardher counsel based upon her Constitutional right to same.  Just because someone was kind enough to post a bond - which is very different from footing the bill for an attorney - does not mean she should be denied her right to counsel.  Go and seek help from legal aid and again have her make an application for an attorney on the next court appearance.  Ask that she be able to state her request on the record and if the Court is going to deny her counsel let the Judge so state ON THE RECORD.  Good luck to her.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption