But They Didn't Read Me My Rights!: Myths, Oddities, and Lies About Our Legal System by Michael Cicchini;Amy B. Kushner
Author:Michael Cicchini;Amy B. Kushner [Kushner, Michael Cicchini;Amy B.]
Language: eng
Format: epub
Published: 2010-06-12T11:44:00+00:00
[Y]ou are entitled to an attorney if, on the charges you are being accused of, you face a period of incarceration.... If you are being prosecuted for a petty crime, however, in some instances you are not entitled to an attorney.?
Further, "[o]nly in criminal cases are you guaranteed a right to an attorney paid for by the state. In the civil courts, you must hire your own attorney."s Defendants in civil court matters-such as property disputes, contract disputes, divorces, and child custody matters, for example-do not qualify for court-appointed attorneys, at least not under Gideon. To return to our example, then, even if the court had declared Barry indigent and appointed him an attorney for his criminal reckless driving charge, Barry would not have been able to get a court-appointed attorney for his ongoing dispute with his landlord.9
But going back to the criminal reckless driving case, what if Barry had qualified as indigent, and the court appointed a lawyer for him, but Barry and the court-appointed lawyer didn't get along or see eye-to-eye on the case? When a defendant has money and privately retains a lawyer, it is usually fairly easy to fire the lawyer and hire a new one. But Barry, an indigent defendant, cannot simply fire the court-appointed lawyer in order to get a new one who would be better suited to his particular needs, or perhaps with whom he could better communicate.
While Barry might certainly ask the court for a different courtappointed attorney, the court could certainly deny such a request.'° Generally, there would have to be good reason, and the attorney would likely have to agree with the request. Also, Barry should not fire his court-appointed attorney until he is sure that the court will approve his request for a new attorney. Otherwise, the court might interpret Barry's unsanctioned firing of his court-appointed attorney to mean that he no longer needed or wanted the services of any court-appointed attorney. In that case, Barry would have to either pay for a private attorney or represent himself.11
As a final point, anyone who is charged with a crime, no matter how minor it may seem, should always hire an attorney or request a court-appointed attorney. Unfortunately, there are many citizens who wrongly believe that a "misdemeanor charge" can't really hurt them, even if they are convicted. In many cases, these defendants will go through the criminal process by themselves, or worse yet, plead guilty thinking that it will "get the case over with" faster.12 The reality, however, is that the effects of a criminal conviction, even for a misdemeanor, can be immediate, can linger for years, and can even linger for a lifetime.
An attorney trained in criminal law can do many things for a defendant, even when the defendant is accused of seemingly minor charges. First, an attorney can be beneficial both in suppressing the state's evidence as well as putting up a substantive defense at trial. Second, even if there is going to be a plea, an attorney
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