Q: Options if denied public defender due to SS income?
I have been charged with criminal trespass by a family member, and the state has picked up the charge. At my court appearance, I applied for a public defender, but they said my social security income was too high to qualify, using my gross monthly income of $2,000. They did not consider any deductions and provided no explanation beyond saying it was too much money. I received no legal documentation explaining my rights or the income assessment. Since I cannot afford a lawyer, what are my options?
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A:
Since you were denied a public defender based solely on gross income without considering deductions or your actual living expenses, you can request a reconsideration. Visit or call the public defender's office directly, and politely explain your financial situation in more detail, including rent, utilities, medical expenses, or other obligations. Provide documentation or evidence supporting your actual net income and monthly expenditures.
If they still refuse, you can approach the court directly at your next appearance. Politely inform the judge that you don't have sufficient income after expenses to hire private counsel and request an affordability hearing or inquiry. Judges often have discretion in appointing counsel if you're genuinely unable to afford legal representation.
Additionally, check with local legal aid offices, pro bono services, or nearby law schools, as these organizations sometimes provide free or reduced-cost representation for criminal charges. It's crucial that you continue to appear at all scheduled court dates and actively demonstrate your effort to obtain legal assistance.
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