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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89126
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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hello,my name is XXXXX XXXXX my son is in the house of

Resolved Question:

hello,my name is XXXXX XXXXX
my son is in the house of corrections in haverhill,nh plead guilty to 3 non violet charges last july. He was in drug court but did not for fill the 2 year term
He dismissed hid pr for inefficent defense and the prosecuter,the pd and the judge accepted his motion. The judge then gave him 30 days to find another lawyer.
He is indigent and goes before the judge on jUNE 7 2013 FOR sentencing.
Can he be sentenced without a new lawyer. Isn't that against the sixth ammentment
Does the judge have to provide new council.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your son's situation. What exactly is he charged with? What do you mean by three non-violent offenses? Can you please be specific as to the charges, because this influences the answer.

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

He was charged with forgery, cashed 3 of his mothers cks total $75


He was charged with burgelry stole his moms necklace


He was charged with unauthorized use of his boss credit card


He was cohersed into pleading guilty to enter drug court


The prosecuter is seeking 5 to 10 yrs in prison


He did not have any other convictions prior never been in prison


He is 23 years old got his ged while in county jail


He should have gone before a jury, because the first 2 were not felonies


 

Expert:  Ely replied 1 year ago.
Thank you for that clarification.

lawyer.

The answer is no. He cannot:

"Every person held to answer in any crime or offense punishable by deprivation of liberty shall have the right to counsel at the expense of the state if need is shown." State v. Scarborough, 124 NH 363 - NH: Supreme Court 1983.

By "deprivation of liberty," this includes imprisonment, what your son may be facing if convicted of these charges.

As such, he cannot be denied an attorney. What the Court normally does is continue to push him to get an attorney. The Court may have even required him to get a number of attorney business cards as "proof" that he spoke with attorneys.

If in the end, he simply cannot afford one, the Court should appoint one before the sentencing, even if this means pulling an attorney that just happens to be in the Court momentarily and attaching them to the matter.

So in the end, if he cannot afford counsel, he will be appointed an attorney, but the Court is likely to use pressure and scare him into attempting to get one himself until/unless last possible minute, because the Court does not like to appoint counsel unless absolutely necessary.

I hope this helps and clarifies.

Also, since finances are an issue, I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/newhampshire.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-new-hampshire.asp

Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89126
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.