Criminal Law Questions? Ask a Criminal Lawyer.
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Good evening. What is the basis of the hearing? Is your attorney looking to withdraw from the case as a result of you having the finances to obtain private counsel? Did you fill out an application in court for the public defender?
Yes. He says it is not his choice but requirement since I stated that I had 5 times the amount required for a atty. (Sorry about caps...not yelling). Yes I did fill out application.
Yes I did disclose the truth and told them of all my financial situation, including losing my home.
The decision to allow the PD to withdraw from the case will be at the discretion of the Judge. The Judge is likely going to place you under oath and inquire once again about your finances. The Judge is going to review the application which you filled out and ask if everything was truthful. As you stated above, you were intoxicated. Often times, we don't think properly and say things that are not entirely true. If the Judge asked you specifically about your jewelery, you will have to answer truthfully and can explain if you do actually have this and if you are able to sell it. At the same time, you should bring proof with you, showing the hardship and lack of finances, at this time. Show your current financial situation and that of your husband. Give the Judge to information and allow him/her to make the decision if you can still use the PD or if they can withdraw. If you have answered truthfully to everything that you have been asked and on paperwork that you have filled out, then you have nothing to worry about, in regard to getting in trouble. Tomorrow is not necessarily an issue of defending yourself but showing the Judge that you can not afford to retain private counsel and need to continue to use the PD.
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