Chester, VA asked in Criminal Law, Family Law and Domestic Violence for Virginia

Q: Why did I have to sign a waiver of public representation at a show cause?

The original case was assault & battery at the Juvenile & Domestic Relations court. I missed court and got a subpoena for a show cause. During that time they gave me a card to come back to court again for the assault and battery but the judge told me I cannot have a lawyer and I'm not sure why.

1 Lawyer Answer

A: You have a constitutional right to an attorney and the judge can not prohibit you from hiring the attorney of your choice. However, it sounds like the judge may have determined that you do not qualify for a court appointed attorney or public defender. You must meet the court's standards for qualifying as indigent in order to receive court appointed counsel. It is likely that the judge said you could not get a court appointed attorney. However, you are able to hire any attorney with your own funds. You should speak with a criminal defense attorney in your local jurisdiction. Many offer a free initial consultation to evaluate your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.