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  1. #1

    Default Getting a Court-Appointed Lawyer or Investigator for a Minor Offense

    Since you are not eligible for appointment of a public defender you are also going to be ineligible for a private investigator paid at taxpayer expense. You are entitled to present whatever valid defenses you have, but you’ll have to pay for that yourself. Like it or not, the Supreme Court has held that if the maximum penalty for the charge is no more than 6 months imprisonment the government doesn’t have pay for the defendant’s costs.
    Tax, you have more info. about this case so I can find it?

  2. #2
    Join Date
    Oct 2014
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    Default Re: Supreme Court and Gov't Paying Def.'s Costs

    I had the standards interchanged. The Supreme Court has held that if a defendant faces more than six months imprisonment he or she is entitled to a jury trial. If the defendant will actually be imprisoned as a result of conviction, no matter how long, the defendant is entitled to counsel provided by the state if he or she is indigent. Alabama v. Shelton, 535 U.S. 654 (2002).

    Since you say you won't face any jail time if you are convicted on the disorderly conduct charge then the state does not have to provide you a lawyer. If the state doesn’t have to provide you lawyer then it does not have to pay for any of your other defense costs either, so you won’t get a private investigator paid for by the state.

  3. #3
    Join Date
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    Default Re: Supreme Court and Gov't Paying Def.'s Costs

    Quote Quoting Taxing Matters
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    I had the standards interchanged. The Supreme Court has held that if a defendant faces more than six months imprisonment he or she is entitled to a jury trial. If the defendant will actually be imprisoned as a result of conviction, no matter how long, the defendant is entitled to counsel provided by the state if he or she is indigent. Alabama v. Shelton, 535 U.S. 654 (2002).

    Since you say you won't face any jail time if you are convicted on the disorderly conduct charge then the state does not have to provide you a lawyer. If the state doesn’t have to provide you lawyer then it does not have to pay for any of your other defense costs either, so you won’t get a private investigator paid for by the state either.
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  4. #4
    Join Date
    Apr 2009
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    Default Re: Supreme Court and Gov't Paying Def.'s Costs

    Quote Quoting Taxing Matters
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    I had the standards interchanged. The Supreme Court has held that if a defendant faces more than six months imprisonment he or she is entitled to a jury trial. If the defendant will actually be imprisoned as a result of conviction, no matter how long, the defendant is entitled to counsel provided by the state if he or she is indigent. Alabama v. Shelton, 535 U.S. 654 (2002).

    Since you say you won't face any jail time if you are convicted on the disorderly conduct charge then the state does not have to provide you a lawyer. If the state doesn’t have to provide you lawyer then it does not have to pay for any of your other defense costs either, so you won’t get a private investigator paid for by the state either.
    Excellent news. Thanks for the clarification.

  5. #5

    Default Re: Supreme Court and Gov't Paying Def.'s Costs

    Quote Quoting Taxing Matters
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    If the state doesn’t have to provide you lawyer then it does not have to pay for any of your other defense costs either...
    Tax, would you mind telling me where this comes from?

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