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My daughter needs an attorney and she does not work. she is…

Customer Question
My daughter needs an...

My daughter needs an attorney and she does not work. she is in jail now and waiting on a compatency hearing. will she be able to have a court appointed attorney?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

New mexico..she is waiting on a competence hearing in district court

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

She was arraigned on the 3rd of this month in magistrate court and the judge sent it to district court and asked her if she needed a court appointed attorney

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

Not really but is she going to be eligible for a court appointed attorney if she does not work but lives with her parents

Submitted: 7 months ago.Category: Legal
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Answered in 5 minutes by:
11/10/2017
Lawyer: Dwayne B., Attorney replied 7 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 7 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Lawyer: Dwayne B., Attorney replied 7 months ago

She should be eligible.

It is not only a matter of whether she is working, it also involves whether she has any assets. For our purposes I am going to assume she doesn't, but if, for instance, she was unemployed but had won the lottery and had a million dollars in the bank then she wouldn't be indigent.

At some point she will be asked to fill out a form requesting a court appointed attorney or she can go ahead and send a "kite" to the clerk's office asking for the form.

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Customer reply replied 7 months ago
she will be eligible for the court appointed attorney even though she lives with us?
Lawyer: Dwayne B., Attorney replied 7 months ago

Yes, if she doesn't have any assets and isn't working.

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