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How to get deferred disposition on a public intoxication case?

Fort Worth, TX |

I received a public intoxication ticket in January and have a trial coming up and have absolutely no money for a lawyer unless the lawyer is under 275$ how how would I be able to obtain a public defender or a court court appointed lawyer? When I asked to have one appointed they said that they don't have public defenders for this because this is just a class c misdemeanor. If that is the case, then how can I get deferred disposition?

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Attorney answers 3

Posted

It is surprising to hear a court will not appoint an attorney for any level of crime. You could contact your local bar association to learn if there are attorneys who will provide representation on a sliding scale based on your income.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

Asker

Posted

She said since this crime is not punishable by jail time that they do not give public defenders, is a public defender different from a court appointed lawyer?

Valerie Semmes Bouffiou

Valerie Semmes Bouffiou

Posted

No, it is not, and that makes more sense now. You still have the option of contacting the bar association to seek a more affordable attorney given your financial situation.

Todd Gregory Lehn

Todd Gregory Lehn

Posted

Under the U.S. and Texas Constitutions and U.S. Supreme Court jurisprudence, you simply are NOT entitled to a court-appointed lawyer (or public defender or whatever else you want to call them) for a "fine only" crime. Period. End of story.

Posted

Since this is a Class C misdemeanor punishable by fine only you are not entitled to a court appointed lawyer. Talk to the prosecutor and see if you can get a differed adjudication probation. This will not result in a conviction and you will be able to expunged the case once the case is dismissed at the conclusion of your probationary period.

Posted

Class C misdemeanors in Texas are not punishable with jailtime and therefore, you are not entitled to representation by a court appointed attorney. You should probably consult with an attorney so that you can make sure to protect your rights. Usually in Fort Worth, you will have an opportunity to discuss the case with a prosecutor and see if you can work out the case in a way where the end result will not end with a conviction. Some lawyers try to put these very cases on the trial docket as in some instances they are difficult to prove. For that reason, I recommend contacting a local attorney for at least a consult.

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