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  1. #1
    Join Date
    Sep 2012
    Posts
    4

    Question Denied a Court Appointed Lawyer

    My question involves criminal law for the state of: Kentucky

    My Boyfriend went to his initial court date today to have his trial date set. He was denied a court appointed lawyer. He is unemployed, does not receive unemployment or any state assistance, has a dependent, no bank account, or credit cards. Has a mortgage payment, listed all our other bills, a car with no payments (1991) and no worth but was still denied. We own the house together but we are not married. There was no mention of me on the paperwork, I was recently laid off and that is how we still have the house. He was denied today 9/8/12 and his court date is 9/21/12. I read in another post that they probably denied them because the judge saw some asset he could use to pay for a lawyer. Is he expected to sell his house or his car in two weeks time or is there a way to appeal the decision to give them a more accurate picture of our financial situation. There are already two liens on the house. We just need some direction as to what our options are if this denial truly has to stick.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    12,974

    Default Re: Denied a Court Appointed Lawyer

    What is he charged with?

  3. #3
    Join Date
    Sep 2012
    Posts
    4

    Default Re: Denied a Court Appointed Lawyer

    class D Felony

  4. #4
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    333

    Default Re: Denied a Court Appointed Lawyer

    Was the denial of a PD done during a initial hearing only session? If so, perhaps another opportunity to ask the trial court judge for a PD will be possible on the 21st.
    Jeff Downer
    Bail Bondsman
    Indianapolis, Indiana

  5. #5
    Join Date
    Sep 2012
    Posts
    4

    Default Re: Denied a Court Appointed Lawyer

    I am not sure, i am not familiar with all this court stuff. What will happen on the 21st if it is not the actual trial. The denial was at the first time he had to appear in court, make his plea, and given the next date.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,895

    Default Re: Denied a Court Appointed Lawyer

    Without being able to see his petition, we're reduced to guessing about what assets the court may have identified that would disqualify your boyfriend for a court appointed lawyer. It may well have been the amount of equity in the home or certain valuable assets the court thought could be liquidated; we cannot know. He can consider bringing a motion in court to try to get a court-appointed lawyer from the judge presiding over his case (whom I assumed denied his request), inquire with the clerk about whether it's possible to appeal to have the denial reviewed by, e.g, the chief judge, explore his options for appealing to a higher court....

  7. #7
    Join Date
    Sep 2012
    Posts
    4

    Default Re: Denied a Court Appointed Lawyer

    Thank you. We will try that. All he put on the form was the house and the car, that is all we have.

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