My question involves criminal law for the state of: Indiana
Are juveniles assigned public defenders for Probation Violation hearings? Do they need a PD/attorney for that?
My question involves criminal law for the state of: Indiana
Are juveniles assigned public defenders for Probation Violation hearings? Do they need a PD/attorney for that?
They may qualify for a public defender based upon their family's means and the seriousness of the charge; whether or not they will isn't something we can answer in the abstract. Most people facing probation violation proceedings benefit from consulting counsel.
Thanks for the response.
We were originally paying for an attorney back when he was put on probation, so the court definitely knows we have the means....
There is no new charge, it is violation for not following rules of probation (or maybe that is a charge, I'm not sure of the terminology).
The situation is we're...sort of done with paying for lawyers when the kid has problems following some pretty simple rules.
But if we don't pay for an attorney when we have the means to, is that going to mean that he will not receive any counsel at all?
(Before you say it, he doesn't have the money to retain his own counsel by the way. I know, that would be the best response)
If he is a minor, your means will be the ruler by which his worthiness for a public defender is measured.
If you are viewed as capable to pay, a public defender will not be made available.
Ok.
And is a judge going to allow for a hearing to go ahead if a juvenile doesn't have any representation and hasn't had any legal advice? Or are they going to postpone things until we supply that...?
Thanks.
what was the original charge?
I can't give you legal advise...
But I can say if he's a juvenile, on probation, the original incident had alcohol involved, and he's violated probation by drinking....I think counseling/AA is a good idea...and very, very strict parental supervision. Seriously, loss of privileges, etc. You have already said he won't follow simple rules - you need to step up and enforce those rules. Or let him go to Juvy for a while.