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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102144
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can I get a public defender represent me in a citation case

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Can I get a public defender represent me in a citation case in which drug paraphanalia was found in my glove box when they stopped me and did a search? I have a hearing coming uup in a week and am concerned as how to proceed.
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 sorry for your situation.

I am guessing that this is in Oklahoma?

Generally speaking, one has a right to counsel if charged with a criminal matter.

“The right to counsel is the right to the effective assistance of counsel.” (McMann v. Richardson, 1970)

A defendant has the right to “effective aid in the preparation and trial of the case.” (Powell v. Alabama, 1932)

“The right to counsel prevents the States from conducting trials at which persons who face incarceration must defend themselves without adequate legal assistance.” (Cuyler v. Sullivan, 1980)

However, one needs to request this from the Court. Normally, the first hearing is simply the arraignment where one is read their rights, is formally read of the charge, and the matter is then RESET (several times, actually) to allow your attorney and the prosecutor to negotiate.

At the first hearing, one may request counsel. The Court will then decide whether or not to provide one based on one's financial information.

Even if not, then the case will be reset to allow one to find counsel, often without even the court requiring the Defendant to enter a plea.

I hope this helps. Good luck.

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Customer: replied 3 years ago.

Is there an office I can call to inquire about getting assistance in Norman Ok. It seems I went to the wrong place and no one wanted to help.

I would consider contacting the Oklahoma Indigent Defense System for the state at(NNN) NNN-NNNN and then asking if they can connect you to someone local. There may or may not be a local office.

However, one often is not assigned a public defender until the court date, and not before.
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