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  1. #11
    Join Date
    Mar 2012
    Location
    West Michigan
    Posts
    4

    Default Re: Court-Appointed Denied, Now What

    You misunderstood- he opened a different item that he wanted to check out the flexibility of's packaging with the item in question. There was no packaging on the one in pocket. And he was no longer headed towards exit when apprehended but thats a moot point right now. He is going to trial soon, as the only plea offered was no jail time and as he was already denied a court attorney because theres was no chance of jail, that didnt seem to be a deal.

    Thank you everyone for your help and guidance but please could someone tell me the steps of actually obtaining discovery???? The code Mr KnowItAll gave me was helpful on the rules of when/who can obtain discovery but i couldnt find information on exactly how you ask PA for it. Please help?(

  2. #12
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,479

    Default Re: Court-Appointed Denied, Now What

    The discovery rule dictates how to request discovery and what you can obtain. If your husband wants to file for discovery, he would file a discovery request asking that the prosecutor turn over everything that he is entitled to obtain under that rule. The discovery demand would be served on the prosecutor, with a copy and proof of service filed with the court.

  3. #13
    Join Date
    May 2012
    Posts
    126

    Default Re: Court-Appointed Denied, Now What

    as far as his prior criminal history goes I don't think it can be brought up unless he gets up and testifies on the witness stand or it affects or raises the degree of his present charge, it can also be used for sentencing purposes. if he testifies his veracity can be challanged and prior record introduced......if he selected the jury i hope he did a good job - a good prosecutor can make him look like a monkey trying to defend himself.

  4. #14
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    15,020

    Default Re: Court-Appointed Lawyer Denied, Now What

    I am tying to figure out why we are supposed to be impressed hubby has not been caught breaking criminal laws for over 10 years.
    Teach a man to fish, you feed a village. Give a man a fish, the ever growing village demands free fish. We will now spend trillions on social services and SSI for people who don't know how to fish.

  5. #15
    Join Date
    Dec 2011
    Posts
    203

    Default Re: Court-Appointed Denied, Now What

    First, your husband is a moron. Opening a sealed package in a store and obviously for a tool he couldn't afford. Stop trying to justify being married to a retard.

    Any evidence the state is going to use has to be turned over to the defense, though as said above, it might take a motion or discovery request in this case.

    BUT WAIT. If this is not a criminal offense, to which he is entitled to appointment of counsel, but is instead a civil ordinance violation, how the heck does he have a JURY TRIAL? There is never a right to jury. Is he being sued by the store in a civil action? Is there a private lawyer on the other side or is there a state prosecutor? Usually in a municipal ordinance violation like a traffice ticket, the only prosecutor is the arresting police office or the officer who wrote the ticket. There is no jury, there is never a jury.

    REWIND: I just looked up the statute. This is a CRIMINAL OFFENSE punishable my up to 93 days in jail and a fine of $500. There absolutely is a right to appointment of counsel.

    Now, if he asked for a court appointed attorney and the court determined he is capable of hiring an attorney, then it is a different matter. That itself could have been challenged or appealed.

    Instead of making dumb arguments on his alleged innocence (yea because he is retarded I suppose) you should be asking simple questions about criminal procedure. You should be searching for a local legal defense organization that can provide some help. Also in this case, the state is obligated to reveal in advance anything they are going to introduce and that should have been done much earlier in the process than at trial. If the state has not, then your husband needs to make objections in court and on the record to the violations of criminal rules of procedure by the state. After jury selection is a little late, but still try.


    Garbage in, garbage out.

  6. #16
    Join Date
    Nov 2007
    Posts
    1,301

    Default Re: Court-Appointed Denied, Now What

    If it's a low level misdemanaor and the state isn't gonna give him jail time then he might not be entailed to a public defender.

  7. #17
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,479

    Default Re: Court-Appointed Denied, Now What

    That's correct. If you're charged with a misdemeanor and the prosecutor waives jail time, you do not have a right to counsel even if in the absence of the waiver the maximum potential sentence includes jail.
    Quote Quoting Alabama v. Shelton, 535 US 654 (2002)
    In Gideon v. Wainwright, 372 U. S. 335, 344-345 (1963), we held that the Sixth Amendment's guarantee of the right to state-appointed counsel, firmly established in federal-court proceedings in Johnson v. Zerbst, 304 U. S. 458 (1938), applies to state criminal prosecutions through the Fourteenth Amendment. We clarified the scope of that right in Argersinger, holding that an indigent defendant must be offered counsel in any misdemeanor case "that actually leads to imprisonment." 407 U. S., at 33. Seven Terms later, Scott confirmed Argersinger's "delimit[ation]," 440 U. S., at 373. Although the governing statute in Scott authorized a jail sentence of up to one year, see id., at 368, we held that the defendant had no right to state-appointed counsel because the sole sentence actually imposed on him was a $50 fine, id., at 373. "Even were the matter res nova, " we stated, "the central premise of Argersinger — that actual imprisonment is a penalty different in kind from fines or the mere threat of imprisonment — is eminently sound and warrants adoption of actual imprisonment as the line defining the constitutional right to appointment of counsel" in nonfelony cases. Ibid.

    Subsequent decisions have reiterated the Argersinger Scott "actual imprisonment" standard. See, e. g., Glover v. United States, 531 U. S. 198, 203 (2001) ("any amount of actual jail time has Sixth Amendment significance"); M. L. B. v. S. L. J., 519 U. S. 102, 113 (1996); Nichols v. United States, 511 U. S. 738, 746 (1994) (constitutional line is "between criminal proceedings that resulted in imprisonment, and those that did not"); id., at 750 (Souter, J., concurring in judgment) ("The Court in Scott, relying on Argersinger [,] drew a bright line between imprisonment and lesser criminal penalties."); Lassiter v. Department of Social Servs. of Durham Cty., 452 U. S. 18, 26 (1981). It is thus the controlling rule that "absent a knowing and intelligent waiver, no person may be imprisoned for any offense . . . unless he was represented by counsel at his trial." Argersinger, 407 U. S., at 37.

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