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My family does not have the money for a lawyer, i bonded out and cant get a public deferder now. cape girardeau mo.

Cape Girardeau, MO |
Filed under: Felony crime

i have a class c felony and a misdermeanor class a. my plimanary hearing is in 20 days. i record is clean, except for a misdermeaner assult charge

Attorney Answers 2

Posted

Why can't you get a PD? Amount of bond? You can sign your bond posted over to an attorney for when it is released, and the attorney can use that as payment, if the bond amount is high enough to satisfy a fee.

otherwise, you can argue the public defender's turning you down in front of the judge in an indigency hearing.

NEVER describe your facts in an online forum. I have CONFIRMED there is at least ONE county prosecutor that is a member of this site. My statements are my opinion solely based on the information provided, and that opinion can be wrong if your facts are different than what I believed them to be. If you have any further questions, you can contact me at 636-532-1400 or through my website http://mcmichael-logan.com

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Asker

Posted

my bond was 15,000, i bonded out with 800 cash, still have to pay him the rest with tax money. im not understanding what u are saying.. i need a lawyer will will take payments

Robert Edward Caldwell Jr.

Robert Edward Caldwell Jr.

Posted

who is him? if there were a way for an attorney to put a lien on your tax refund, the attorney might accept that. The attorney would want to know how much your tax refund was going to be. I am not sure if a lien can be put on a tax refund.

Posted

I assume you're asking what you can do about getting counsel. One thing that would be useful to know is what your bond was, and what you actually paid. Some things to consider:

1) I don't know how judges are in Cape Girardeau, but frequently you can ask for something called an "indigency hearing" if you dispute the PD's claim that you don't qualify financially for their services. At that hearing, the court will usually ask you questions about your financial situation, and the PD will state why they denied you. Then the court will decide whether or not you are able to pay for a lawyer, and maybe they will appoint the PD for to represent you. If you do end up having an indigency hearing, it will be very helpful to you if you have already consulted with some private attorneys, gotten some price quotes, so that you have at least made some effort to get private counsel. Courts don't like to hear from defendants that they can't afford attorneys if they haven't even made serious efforts to get one.

2) Again, this will depend upon how much bond you paid, but private attorneys will frequently do what are called "bond assignments," which basically means that they'll file a document with the court saying that they will take your bond money that you paid as payment for their services. This is a way that people who have bonded out can get representation, but it depends on how much bond you paid, and to whom.

I can't really advise you much more than that without more info. I will only say this: most judges want to get things moving in their court, and they don't want people to have important hearings in their court without counsel, so they'll frequently do what's necessary to get you counsel (which usually means appointing the PD), but things will be a lot better for you if you actually try to get private representation.

My statements are my opinion solely based on the information provided in the question, and that opinion can be inaccurate if the information is inaccurate, or if there are additional important facts that have been left out of that information. Always be careful about including any information in a public forum that could be used against you in any way.

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Asker

Posted

my bond was 15,000 so i needed 1,500 to bond out ,. my husband came up with 800. and got mr out. cape said cant get pd if you bond out.

Asker

Posted

so your saying i can get a lawyer using my bond?

Kenneth Robert Heineman Jr.

Kenneth Robert Heineman Jr.

Posted

1) Yes, a $15,000 bond will probably make you ineligible for PD services. 2) Possibly. It would probably be helpful for you to talk to local attorneys to see what they're willing/able to do. I can't speak for them

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