PA says no lawyer because not asking for jail time

[oldhippy]

A friend and I were recently ticketed for disturbing the peace, and went to court for the first time today. We were told by the pa that we couldn't get a court appointed lawyer because they weren't asking for jail time in the case. Is that true? Anyway, we asked for a continuance and got it....now what?
The charge is full of holes and small town politics.
Any help would be greatly appreciated.
Respectfully,
Steve

 

[lwpat]

Retain and pay for your own attorney or prepare and present your own defense.

 

[Scooterdog]

Scooterdog: No advertising.

This is your first, last, and only warning.

 

[oldhippy]

you mean we asked the wrong person for the lawyer?

Hi Scooterdog! I've read many posts before starting this thread and your replies to different issues just seem to resonate with me. Thank you for your reply.
Are you saying that we asked the wrong person about the court appointed lawyer? Boy, that would be ignorant!
Respectfully,
OH

 

[Scooterdog]

Hi Scooterdog! I've read many posts before starting this thread and your replies to different issues just seem to resonate with me. Thank you for your reply.
Are you saying that we asked the wrong person about the court appointed lawyer? Boy, that would be ignorant!
Respectfully,
OH

The PA could be right. But, I would't take his word, it just makes it easier for him/her.

I would go with ticketslayer fur a minor offense like this. If you make it work, it will work again and again. Greg is easy to get along with, and will help you if you need it.

Did a person sign a complaint? Or the police came long and started handing out tickets? This makes a difference if you try that system. I don't think it will work if a citizen signed a complaint. If not, you shoud be home free. You and your friend could each pay half. He emails the forms, you just fill them in and serve and file them. Pretty simple.

 

[lwpat]

You did not talk to the wrong person and you are not entitled to a public defender.

 

[oldhippy]

I'm confused

Thanks for the replies. Even if the ticketing officer read me my rights, telling me I have the right to an attorney, one will be appointed if I cannot afford one, etc., it's not really true? Please explain. I can't afford an attorney and niether one of us want this on our record.
Also, there was no complaint, other than the officer. I was told by a reasonable source that this doesn't hold water because an officer is not "the public" even when off duty, and can't file a complaint in the matter. We were target shooting at paper plates in a ditch out in the middle of a cotton field...not a soul anywhere, except for the cop that jumped out of the brush and ran up to us with his gun drawn, leveled at us, finger on the trigger. He had to call for backup. when officers arrived, I could tell they thought this was a little silly, but the guy drew a gun on us, and they had to charge us with something. This is not right!
Thank you for your time

 

[lwpat]

Did you have permission from the land owner? Were you inside the city limits? Obviously someone called in a complaint. The right to a court appointed attorney depends on the charge. If you want a reasonable source then talk to an attorney.

 

[oldhippy]

no one was disturbed

thanks again for the reply. No one was disturbed or called in. the off duty officer who happened to be on a property adjoining the property where we were shooting heard us and came running. Nobody filed a complaint other than the officer.

 

[Scooterdog]

Scooterdog: No advertising.

This is your first, last, and only warning.

Where was I advertising? I have gained nothing by providing information to people.

I have provided links, which in one post I took an ass reaming for not posting a link(which I couldn't, because it was my own writing)

If links are not allowed, I have no problem with that.

I do have a problem with someone "re-doing" my post's, making claims in public(which simply could have been dealt with in a pm) that are not exactly true.

If there is a problem, please, simply pm me so it can be taken care of.

 

[Scooterdog]

Hi Scooterdog! I've read many posts before starting this thread and your replies to different issues just seem to resonate with me. Thank you for your reply.
Are you saying that we asked the wrong person about the court appointed lawyer? Boy, that would be ignorant!
Respectfully,
OH

Oldhippy: Thank you so much for you kind words. I'm just trying to helpl

I like how you use the word "ignorant" rather than "stupid", there is a diff.

No, you should never talk to the PA, second, the PA does not determine if you get a lawyer or not, the judge does. So, yes, you asked the wrong person.

Depending upon your state, your offense could be an "infraction". (I don't have these here, as far as I know, you get a jury trial no matter what.) So, that could be true. Infraction are generally a civil suit brought by the state.

I would be more than happy to email you stuff, but apparently, I can not do this in this forum.

 

[Scooterdog]

We were told by the pa that we couldn't get a court appointed lawyer because they weren't asking for jail time in the case.

Send a certified letter to this PA, get that in writting. Then get on here when you have it, I will help you IN THE FORUM, and we'll have some fun.

 

[oldhippy]

my "reasonable source" was a practicing criminal lawyer. Are you?
Respectfully,

 

[lwpat]

Then I suggest that you make him "back it up" by using that defense in court.

 

[oldhippy]

Thanks for the help

I'd like to thank you for your concern and time. I'm so tired of hearing from lawyers who seem to be much more interested in maintaining appearances and their inflated egoes than actually helping the law work and providing some semblance of justice. Why do some feel they have to talk down to me? It's just another way of bolstering their ego at someone else's expense. Or maybe their home life isn't going well. (go figure) Or maybe they've lost their self respect.(again, go figure) Or maybe someone insisting on their rights just scares them. Who knows what goes through the minds of the insecure. I just wish they would do me the courtesy of keeping their thoughts to themselves.
LWPAT, are you saying this practicing criminal attorney in Tucson mis-led me? And that I don't have the right to a court appointed lawyer in a criminal case? Please explain. Or keep quiet.
Respectfully,
OH

 

[lwpat]

Read the court rules in your county. This is from Philadelphia. The right to a court appointed attorney, just like the right to a jury trial, is not absolute.

(B) Right to Counsel. Defendant shall be advised that he/she has the right to retain counsel and that if he/she does not have the financial ability to retain counsel, counsel will be appointed by the Court if there is a likelihood that imprisonment may be imposed. Defendant will be directed to report to the First Judicial District's Pretrial Service Division for a financial interview to determine eligibility to court-appointed counsel. Failure to report for a financial interview as directed may result in the denial of court-appointed counsel.