Is this a case a lawyer would take pro bono? I am currently unemployeed due to a medical illness.

Asked over 5 years ago - Charlotte, NC

I was falsely accused and arrested for real property damage @ the apts where I live. I was arrested and the officers would not tell me what the warrant was for also no miranda rights was read to me at all. once in the car going to jail the officer then told me what the charge was and asked questions about it. I was processed at the jail the pretrial processer asked me questions about the charge also! I found out that a former property manager filed the claim against me and was fired the same week and is no longer allowed on property and the new apartment manager knew nothing of the complaint. on the warrant there was a date that the damage took place however the police report wasnt filed until 10 days later. I believe he filed this to cover illegal activity he was commiting at work.

Additional information

I have witnesses that was at my home when I was arrested that is not a family member who can testify that no miranda was read. I also have witnesses as to the integrity of the management at the apt complex. I also have reports on file with the city code enforcement dating back two years for damages and ppor housing conditions. I have much more info that can be provided.

Attorney answers (2)

  1. Robert E Nunley

    Contributor Level 10

    Answered . In answering your questions, I adopt what Mr. Dane has stated in the previous answer, as well as my previous answer to your other question regarding the admissibility of un-warned statements and their likely effect on the dismissal of your charges.
    Your case sounds more complicated than the type of case that most "retained" lawyers would take on a pro bono basis, but you can still call around and see if your situation tugs at the heart of an attorney who may have the time to devote to resolving it for free. In the alternative, you can attend your first court hearing and advise the court that you cannot afford an attorney and request that an attorney be court-appointed to you. You will have to fill out a financial disclosure sheet and the judge will review it to ensure you qualify for court-appointed counsel. If you do, then the court will appoint an attorney for you. There is a $50.00 fee for getting a court-appointed attorney, that is charged to you at the conclusion of your case if you are found guilty, along with an hourly-rate of compensation for the court-appointed attorney. Should you prevail and your charges are dismissed or you are found not guilty, then you need not pay anything.

  2. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . If they never read you your Miranda rights, the entire case won't be thrown out. If they were required to give you the Miranda advisement but didn't, the result is that any statement may be excluded, but if there is sufficient evidence to proceed without your statement, the case goes forward.

    From what you're describing, you may have a difficult time convincing a private attorney to take your case on a pro bono basis, although it doesn't hurt to ask.

    If you cannot afford an attorney, the court is obligated to provide on to you.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,566 answers this week

3,270 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,566 answers this week

3,270 attorneys answering