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Denied Public Defense for Probation Violation, Drug Offense

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  • 10-13-2006, 06:58 PM
    rap1523
    Denied Public Defense for Probation Violation, Drug Offense
    I have a nephew that has been on probation for for marijuana, he has had probation issues in which his amount of time on probation was lengthened due to testing dirty, and was given community service and more penalties, each time represented by a public defender in court, now on a surprise inspection , small amount of cocaine was found in his room and was arrested for violation of his probation, he is now in county jail for the past two weeks, trial is coming up at the end of the month on the cocaine charges. This is in San Antonio, Tx and his probation has advised him that he is now being denied public defense for his behalf since he violated his probation. Is this right, i thought the sixth amendment gauranteed representation for his defense no matter what charges or violations were made? any info would be greatly appreciated,
    Thanks,
    Anthony
  • 10-13-2006, 07:01 PM
    panther10758
    Re: Drug offense // Denied Public Defense,Why?
    He cannot be denied legal aid however if he has income he may have to provide his own attorney! You did not give enough details as to why this happened however again he has right to counsel and if he appears in front of a judge without one he can request one at that time and state why he has not one at present time. This should extend his court date
  • 10-13-2006, 07:09 PM
    rap1523
    Re: Drug offense // Denied Public Defense,Why?
    Quote:

    Quoting panther10758
    View Post
    He cannot be denied legal aid however if he has income he may have to provide his own attorney! You did not give enough details as to why this happened however again he has right to counsel and if he appears in front of a judge without one he can request one at that time and state why he has not one at present time. This should extend his court date

    the first time he was picked up he had a ounce of marijuana tucked in his shoe when he was stopped in a car with three other friends, he was a passenger, the next time was when he had a joint in a pack of cigarrettes that was found at school, after that police found him and his friends on the porch of his house smoking when they responded to the wrong house, next was the incident of the parole officer find small amount of coke in his room, this all happened in a span of about two years, he does not have a job and family is looking for ways to fund a lawyer, but most likely will not be able to since lawyers have requested $2000 up front. The denial of legal representation came from the probation officer, but i'm not sure how to find out by law that he cannot be denied counsel.
  • 10-13-2006, 07:14 PM
    panther10758
    Re: Drug offense // Denied Public Defense,Why?
    Its Constitutional Law he cannot face a judge without Legal Representation the ony differnce might and I stress "might" be a probation hearing! If this is a probation hearing and his probation Officer wants to violate him he may not need a Lawyer. Just a guess but he does have legal right to counsel
  • 10-13-2006, 07:17 PM
    rap1523
    Re: Drug offense // Denied Public Defense,Why?
    I'm not positive that he is up for a probation hearing since it was a violation of his probation or if it's the initial hearing on the charges of possession of an illegal substance, does anyone know the classes or charges he may have violated, for less than two ounces each time he was caught w/ marijuana and a personal use amount of cocaine?
  • 10-14-2006, 09:13 AM
    cdwjava
    Re: Denied Public Defense for a Drug Offense
    A probation violation does not generally invoke a right to counsel as it is an "informal proceeding" and not a criminal trial. However, if he is facing NEW charges and is indigent, he should be eligible for a public defender.

    Perhaps you can contact the public defender's office or an attorney on his behalf if he is unable to make contact with the outside world.

    - Carl
  • 10-14-2006, 06:24 PM
    rap1523
    Re: Denied Public Defense for a Drug Offense
    ok got some more information now, he is going for a felony posession of 1-4grams of cocaine, violating his probation, he was previously picked up for being on his porch with friends that had marijuana on the table and was let out on bond due to overcrowding in the county jail, so this time the probation officer did an inspection and found the cocaine in his room and had him picked up and taken to jail, now his court hearing is at the end of this month for posession, and violation of his probation, and he was advised by the bonds office for the county jail that he would not have a court appointed lawyer since he got arrested after he was let out on bond, i've left messages for call backs to the pre-trial services of bexar county, public defender's office, and probation services to see if i can get a direct answer if this is an actual policy that he is not allowed representation, What do you guys think am i missing something? or do you have any info that might help?
    let me know, thanks.
  • 10-14-2006, 07:19 PM
    panther10758
    Re: Denied Public Defense for a Drug Offense
    On the probation hearing hes on his own but if he faces criminal charges for new offense he has legal right to representation! If he is tried without this he can have verdict overturned and could very likely sue!
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