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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My 17 year-old grandson of whom I have custody, is being

Customer Question

My 17 year-old grandson of whom I have custody, is being accused of rape. Will his qualification for a public defender be based on my assets or on his?
JA: In what state did this occur?
Customer: South Carolina
JA: Have you talked to a lawyer yet?
Customer: No. We just found out about this today
JA: Anything else you want the lawyer to know before I connect you?
Customer: My yearly income is about $33000
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site.

I am sorry to hear about this situation.

Will his qualification for a public defender be based on my assets or on his?

By default, both. Because he is a minor, the Court will look at his ability to earn, as well as his family's when considering a public defender appointment. If the family refuses to give him any money for a public defender, this should be stated, so as to ensure that the Court understands this, and thus does not count the family's income as well.

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