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The district court's clerk said she cannot file an appeal without $178 fully paid at the time. Is there a way to get past this?

Salina, KS |

I am trying to appeal a municipal conviction by getting a hearing in district court. I do not have $178 to pay all at once. I do not think it is fair for people who cannot afford this. How can I file an appeal without paying this? I cannot get a court-appointed lawyer until a judge grants me this appeal so I am not sure what i should do at the moment.

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Attorney answers 1

Posted

Dear ?,

Most states have a statute requiring fees to be waived for people who have been declared indigent, i.e., too poor to pay. Each state's courts have different standards as to what indigent means. But, you should contact your nearest public defender office to find out about a possible fee waiver.

Yours sincerely,
Tim Provis
Cal. Bar No. 104800
Wis. Bar No. 1020123
Member: U.S. Supreme Court Bar

Asker

Posted

Well I just called the public defender's office and they told me they cannot assist me because they were not appointed to me and my case is not a felony. Im really lost at what to do, the deadline to file an appeal is Monday!

Timothy A. Provis

Timothy A. Provis

Posted

Try: Wichita Lawyers Care / Kansas Legal Services Primary Address: 200 N Broadway St Ste 500 City: Wichita State: KS Zipcode: 67202-2322 General Phone: 316-265-9681 Fax: 316-265-5902 Intake Phone: 316-265-9681 Counties Served: Sedgwick Case Types: AIDS/HIV, Adoption, Bankruptcy, Consumer, Child Custody, Dissolution of Marriage, Domestic Violence, Housing, Torts Give them a call.

Asker

Posted

Well Im being sent in a loophole again, KS Legal Service (the number you gave me) told me that they cannot help out unless they are court-appointed, and they dont take criminal cases. They referred me to KS Bar Asssociation and they also told me they cannot help either. Any other paths I should take?

Timothy A. Provis

Timothy A. Provis

Posted

Dear ?, Try: Appellate Defender Office 700 Jackson St, Suite 900 Topeka, KS 66603 785-296-5484 FAX: 785-296-2869 Ask them to explain how and where you file the forms to be found indigent so you can be appointed counsel for your appeal and have your fee waived.

Asker

Posted

Ok so the Appellate Defender Office just told me that they cannot assist me on this matter since its a municipal misdemeanor case and I do not have an attorney appointed by them. They told me I need to go to the district court and ask for a court-appointed lawyer to file an appeal since I never had one to start with. I told them that the disrict court's clerk told me that they cannot file an appeal without $178 fully paid; their response was that if I am indigent, then I have the right to have a court-appointed attorney to file an appeal for me. I can already see an arguement with the clerk because she will refuse to let me fill an application out without the judge approving it. Next step I should take?

Timothy A. Provis

Timothy A. Provis

Posted

The appropriate forms can be found online at http://www.sbids.org/ac_forms.html Scroll down and download the APPLICATION FOR APPOINTED DEFENSE SERVICES and the FINANCIAL AFFIDAVIT. Both forms are in .pdf (Portable Document Format) so you must have either Adobe Acrobat Reader installed on your machine or some other open source .pdf program. You can download it free at get.adobe.com/reader Then print them out, fill them out and take them back to district court with your notice of appeal and insist on your rights. If the clerk gives you static then go see a judge. If you were sentenced to jail time or got a suspended jail sentence, you have a federal constitutional right to an attorney on appeal. If your sentence was only a fine, you do not. BUT, you must HURRY as you only have 10 days from the date you were sentenced in municipal court to file your notice of appeal in district court.

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