Q: Can I be denied a public defender if someone posted bail money for me?
I was arrested in March of 2023 and had a bond amount of $25,000 10% $2,500 which my boyfriend's mother had posted for me expecting to get atleast some of this back once the case was finished. But once I had gone to court after my release the judge denied my request for a public defender even though I was working at the time I was arrested and due to not making it back ti work I was let go and had absolutely no money wasn't getting any unemployment no assistance from any government i owe on my car and had to borrow money to bond out.. they told me i had to either hire my own attorney or do a bond assignment with a list of attorneys this judge had provided me with.. which in my eyes I couldn't really afford to do either at that moment...
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A:
In the United States, the right to a public defender is generally determined based on your financial situation, not on whether someone else posted bail for you. The fact that someone else paid your bail doesn't automatically disqualify you from receiving a public defender. However, courts often consider your overall financial ability to hire a private attorney, which can include factors like your income, assets, and expenses.
It's important to provide the court with detailed information about your financial situation. This includes your current employment status, any debts or obligations you have, and your lack of income or support. The more evidence you can provide that you're unable to afford a private attorney, the stronger your case for a public defender will be.
If you're denied a public defender and cannot afford an attorney, you should still attend your court hearings and inform the judge of your situation. You can request a reassessment of your financial status or ask for advice on how to proceed. Remember, it's crucial to stay engaged with the legal process and communicate your circumstances clearly to the court.
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