He had been operating his own HVAC business, but the loss of his license caused his business to dissolve. He was also arrested for driving on a suspended license while trying to work and may still have that case pending. I do not live in his area and can't go to his area courts to get records and information. Can he qualify for a public defender? I have found the forms, but am not sure if he can receive the forms in jail. He needs representation. He had to appear in court without a lawyer. He is currently unemployed, living with family, and has no savings due to the case. He had a work truck fire in June 2014 that destroyed his money order receipts proving his child support payments. Is there a way to trace those money order records? What should he be doing and how can I help him?
Whether he will qualify for a public defender will depend on the court's evaluation of his financial affidavit. They will provide him with the forms. Sometimes if there's a doubt, they'll provide him with a lawyer and he may later be required to contribute to the cost of attorney services. The best thing you can do is help him retain an attorney who can help him through this and follow him throughout the case. Usually, child support warrants come after multiple attempts to get payment and a subsequent willful failure to pay.
No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia
This is a quasi criminal matter, he's being jailed for contempt, and failure to obey a court order. The Georgia Indigent Defense Standards Council, has appointed attorneys for those who cannot afford one. He will likely be screened to make sure that he qualifies and if he does, they will appointment him a lawyer.
They should screen him to see if he qualifies for a public defender. If he still has the suspended license charge pending he can get a public defender for that charge. If he is convicted of, or pleads guilty to, the suspended license charge his license will be suspended for an additional 6 months, and this is a hard suspension meaning there is no limited permit for work, school, etc.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline