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LegalEagle, Lawyer
Category: Criminal Law
Satisfied Customers: 0
Experience:  15 years of experience
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I live in South Carolina and 2 weeks ago my niece, 25, was ...

Customer Question

I live in South Carolina and 2 weeks ago my niece, 25, was arrested for murder, a charge she says was self defense. She requested a public defender as she cannot afford a lawyer. However, the public defender does not want to defend her because of the murder charge, so she was told that now if she wants a lawyer, she will have to pay for one on her own. Is that legal? If she can''t afford a lawyer, will they keep her in jail indefinantly? I thought the Miranda rights were in place for people like this.             Thank you!
Submitted: 9 years ago.
Category: Criminal Law
Expert:  LegalEagle replied 9 years ago.
The courts will give her a court appointed attorney but she can't pick which one of them she wants. Many jurisdictions say that if you don't like your appointed lawyer you must pay for one. My suggestion is that she try to get a hearing before whichever judge or magistrate has her case and ask for clarification on who will be her lawyer.