What steps do you take to prove youre indigent after bonding out, to get a court appointed attorney in oklahoma?

Asked over 2 years ago - Woodward, OK

my daughter lives with a man and is an alcoholic. she has been arrested twice and bonded out. she has no money no job and the da wants to talk to her to see what will work out. i say she needs counsel because the da is against her. so since my mom bonded her out what does she need to do to get appointed counsel? and if she doesnt talk to the da without counsel what can he do?

Attorney answers (2)

  1. Sonja R Porter

    Contributor Level 12

    Answered . Unfortunately for your daughter, the law of Oklahoma presumes her to be able to hire an attorney because twice now bond has been posted for her. The law does not care where the money comes from. The law presumes the same sourse(s) can be tapped for money for a lawyer. That said, here's the process:

    To apply for appointed counsel - she has to obtain an Application for appointed attorney and fill it out completely, which usually includes getting quotes from attorneys. Once filled out, she files the application with the court clerk and pays a small fee. (it used be $15) The judge will review her application and discuss it with her and determine if your daughter has overcome the presumption that she can hire an attorney. Every county is different on how easy or hard it is to get appointed counsel, so she won't know until she tries.

    By the way, alot of criminal defense attorneys will offer a free consulation. Your daughter should make some phone calls and get one. She will learn alot about the charges she is facing. If she talks to lawyers located in the area of her court, they can tell her what the courthouse's position is on appointed counsel to those who have bonded out. You can also contact the Oklahoma Indigent Defense System to get more information on how to qualify.

    This information is for general information purposes only and does not create an attorney-client relationship.
  2. Derek Michael Smith

    Pro

    Contributor Level 16

    Answered . She should contact the court where she bonded out of and see what procedure they use to determine indigency and how to go about doing that. She should not talk to the prosecutor of her case without legal representation.

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