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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
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Experience:  Experienced in multiple areas of the law.
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Is true that if my daughter is bailed out of jail she cannot

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Is true that if my daughter is bailed out of jail she cannot qualify for a public defender in Okulmulgee county?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for your question today. Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.


That is not necessarily true, no. Making bond creates a presumption that a person is financially able to hire a private attorney. This presumption does not mean that she cannot get a public defender; it simply means that she must demonstrate financial need to the judge before he or she will appoint a public defender for her. Thus, for example, if she can show that someone else bonded her out, that she personally does not have the means to afford the cost of representation of her case, she could still qualify.

Now, that said, this public defender may be more faimiliar with how local judges typically rule in those types of situations where a person has bonded out but then asks for a lawyer, and that could be what they are basing their statement to you on. If you are uncertain, ask them why they feel that bonding her out would result in her being denied representation.

When a person bonds out and wish to be represented by a public defender, they must fill out an application and present it to the judge at their next court date. Applications can be picked up at the Public Defender's Office,

Please let me know if you need any clarification or additional information.

Expert:  RobertJDFL replied 1 year ago.
I'm sorry, why the poor rating? Was there something I did not address in my answer? What additional information did you need?
Customer: replied 1 year ago.

I asked about a specific problem in a specific area. We are having a problem and not getting answers with a trial date imminent. Your answer is basically that the premise may not be true but to ask the public defender about local practices. It was stated in my original question that he was the one making the statement.


 


While your answer may be accurate it is really not an answer with any value in it. I am not really any more informed now than I was before making the $5 deposit. The stock answer isn't worth an additional $55 to me.

Expert:  RobertJDFL replied 1 year ago.
Well, unfortunately, the law is not black and white, and with all due respect, it is not a "stock answer", but one that comes from years of legal experience --experience that you do not have, and I do.

Your question was does it mean she cannot get a public defender if she is bailed out. And as I answered, NO. Does it create a presumption that she doesn't need a public defender, yes, but a defendant can overcome that presumption. It happens all the time.

What I told you to do was ask the public defender for the basis of their statement, because it could be that local judges in that area as a rule automatically deny everyone who bails out a public defender. I was fully aware that it was the PD making the statement, which is why I phrased my answer to you as I did.

For example, I know of a local judge that incarcerates everyone who comes before them for driving on a suspended license. That's not the law, but that's their policy, and every lawyer who has appeared before that judge knows to tell their client, if they are found guilty, to expect jail time from that judge.

So, what is their basis for the statement? Are they just saying that because they believe that to be law in Oklahoma (which it is not) or are they saying it because they know how judges react when a person makes bail and then asks for a PD?

Additionally, if you were unhappy with the answer, you merely had to contact customer service and ask for a refund. There was no need for a negative rating, which does nothing but effect my metrics, especially as your negative rating had no valid basis. My answer was 100% correct, and fully addressed your original question. I am sorry with the state of the way the law works, but that is not my fault.

RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 10260
Experience: Experienced in multiple areas of the law.
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