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What are the financial requirements to be assigned a public…

Customer Question
What are the financial...

What are the financial requirements to be assigned a public defenderr in a criminal case?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Butte County Ca

Lawyer's Assistant: Has anything been filed or reported?

Just gor the letter today that I'm charged with felony grand theft

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes I'm on Social Security Have 2 Cars with loans But I'm half owner of a house my Ex Wife lives in with a loan

Submitted: 11 months ago.Category: Legal
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Answered in 5 minutes by:
7/28/2017
Lawyer: Zoey, JD, Attorney replied 11 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,386
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Lawyer: Zoey, JD, Attorney replied 11 months ago

You are likely to be over-income eligible. Public defenders are for indigent defendants. Every jurisdiction determines eligibility somewhat differently, but in general, your household income has to be at or below poverty level.

If you have assets that can be borrowed against, or credit available to you, in my experience, though you can ask for a public defender a judge will want you to retain private counsel. There are, of course, exceptions and there are no hard and fast rules. If the judge thinks you earn too much money but your funds are all allocated and you know you can barely make ends meet, you could ask for an indigency hearing to document your present financial state and show why paying for counsel would cause you severe financial hardship.

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Lawyer: Zoey, JD, Attorney replied 11 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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