[Dennis]

Here is one for you.... Anybody have advice??? My Daughter and her friend went to leave school the other day and 4 girls approached her car and started a verbal confortation with her friend. When they opened the passenger door of her car and spit gum at her friend my daughter got out and walked around to them and requested they stop and leave. One of the girls SPIT at her just missing her and landing all over the window. My daughter ducked it then immediatly swung striking her in the face. The girl fell to the ground and my daughter stepped back let her get up and when the girl ran off with her friends she got back in her car and went home. She is being charged with battery and we have to appear in court in two weeks.
Due to a recent fire in our home we have suffered a huge finacial set back and as a full time firefighter I dont make a substantial amount of money to start off with. We DO NOT have the $700.00 dollars to retain a lawyer and told if we ask for a court appointed counsel they are still going to make us pay for it under some child support clause. We live in Kansas. Where is the constutional ammendment that allows us the right to counsel if we cannot afford one?
Several issues here bother me.... 1. They approached her vehicle and entered the vehicle with out permission. 2. The other girl Spit at her starting the entire turn of events. and last 3. Does my daughter have the right to strike her to prevent her from spitting at her or her property a second time? And why do we have to pay for counsel when they say one will be provided for you if you cant afford one? And can we go after the parents or the minor for all cost that we have accured fighting this charge?

[Anonymous]

The lawyer appointed to represent you will ordinarily be paid by the county, and will represent you without regard to your ability to pay. If you or your daughter are ordered to reimburse the attorney fee, the money you repay will go to the county as compensation for the money paid to the attorney. Often, though, the cost of repaying the county for an appointed lower will be significantly lower than the cost of retaining a private lawyer, because county governments tend to pay significantly lower rates.

Your daughter almost certainly had a duty to withdraw from the scene, rather than escalating the conflict. If you want a full analysis of your situation, and of your daughter's defenses, you would be best served by speaking with a Kansas criminal defense lawyer.