Q: Facing 9 counts of theft by taking in GA, denied indigent defense due to income despite layoff, need advice.
I have a jury trial scheduled for April 7th in Forsyth County, Georgia, regarding 9 counts of theft by taking related to stealing lottery tickets due to my severe gambling addiction. I feel remorseful and want to apologize to my employer. I've applied for indigent defense but was denied due to supposedly having too much income, despite being laid off since January with no income until April 21st. I have documentation of my layoff, and I've been awaiting unemployment benefits which have not been received despite my employer filing for them on my behalf on February 4th. I received an email regarding the denial of indigent defense. I need advice on how to proceed without an attorney.
A: Those are serious charges in a serious county. You should contact indigent defense again and ask them to reconsider your application as you are financial situation has changed and you've had no income for several months. You should qualify if you have nothing coming in.
Joshua Schiffer agrees with this answer
A:
Forsyth is rather strict with some of their interpretations and do not pull punches with prosecutions.
You need to re-apply for indigent defense and document the process thoroughly
There are also a variety of legal service providers for different income levels, and you would be nuts to go to trial without a lawyer on your side. May not be the lawyer you WANT, but you need one you can afford.
Even temporary jail is incredibly expensive. You need to reassess the risks you face and act accordingly. HOPEFULLY you are just looking at restitution and an easy process where you can protect your record, but that will depend on a lot of factors.
A:
It’s important to address the situation with the court as soon as possible, especially given that you don’t currently have legal representation. Since you’ve been denied indigent defense due to income, but you’ve been laid off and are awaiting unemployment benefits, it might be worth presenting this information again to the court. You can provide the documentation of your layoff and the email about your unemployment status to demonstrate that your financial situation has changed.
You should also consider requesting a public defender again by submitting additional documentation to show that, despite the formal income information, you are currently in a difficult financial position. The court may be willing to reassess your situation, especially if you can prove that you are unable to afford private counsel and have been in financial hardship.
If a public defender is still not available, you will need to represent yourself, which can be challenging, but the court must allow you to proceed. In that case, it’s important to be well-prepared for your trial, and you may want to research basic legal procedures or ask the court about resources available for self-representation. You could also explore plea options, especially if you’re remorseful and want to demonstrate that you are seeking help for your gambling addiction.
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