Phoenix, AZ asked in Criminal Law for Arizona

Q: Under what ground are you not assigned a lawyer in pinal County

I was long formed for shoplifting given a court date I went in and told the judge not guilty they assigned me another telephonic court date in which the County attorney presented information to me and gave me options one would include a plea and I don't understand any of it and I asked if a lawyer was available because I couldn't afford my own and she told me I would have to hire one that wasn't an option because there was no jail time but they're having me sign up something that I have no understanding of so I would like to know what my options are is this legal

Related Topics:
2 Lawyer Answers
Matthew Maerowitz
PREMIUM
Matthew Maerowitz
Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: You always have the right to an attorney meaning at any point you can consult or hire a lawyer. You are only entitled to have the court appoint an attorney for you if you are indigent and the punishment may involve the loss of liberty. In some courts, the judge will appoint an attorney any time the State is seeking jail or probation, in other courts the judge will only appoint an attorney if the state is actually seeking jail to serve. Sometimes even if the state is not seeking either jail or probation, the judge can still appoint an attorney in the interests of justice.

Mike Branum agrees with this answer

Mike Branum
Mike Branum
Answered
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: It is not uncommon in misdemeanor prosecutions for the Court to refuse to appoint counsel. You always have the right to counsel. You do NOT always have the right to court-appointed (and, therefore, paid for) counsel. Most states will not appoint counsel for a misdemeanor offense.

If you are unable to afford an attorney, your best option is to request copies of the documents they are requesting you sign, including the plea deal, and ask for time to review and digest the information since you are not legally trained. Unfortunately, if you are unable to afford an attorney, your best option is likely to accept a plea, particularly if it allows the charges to be dismissed if you stay out of trouble (deferred entry of guilt or deferred entry of judgment). If you attempt to go to trial without counsel you have a very good chance of being found guilty by the Court and losing any shot at a more lenient punishment.

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.